Legal Opinion

Curtis v. State

District Court of Appeal of Florida

Decided March 12, 1997No. 96-4111PublishedCited by 3 opinions

1Per curiam

We reverse only with respect to appellant’s claim in his rule 3.850 motion that trial counsel failed to properly advise him that if he testified at trial, the jury would learn of his prior felony convictions. See generally Hicks v. State, 666 So.2d 1021 (Fla. 4th DCA 1996). The case is remanded for either attachment of portions of the file and records conclusively showing appellant was not entitled to relief, or for an evidentiary hearing concerning appellant’s decision to testify in light of the said failure.

As to all other grounds alleged, we affirm the trial court’s summary denial.

*424AFFIRMED…

2Cases cited1 opinion

  1. Hicks v. StateDistrict Court of Appeal of Florida · 1996

3Cited by3 opinions

  1. Hope v. StateDistrict Court of Appeal of Florida · 2007
  2. Morales v. StateDistrict Court of Appeal of Florida · 2013
  3. Meeks v. StateDistrict Court of Appeal of Florida · 2016

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