Smith v. State

MORRIS, Judge.

Randolph Smith appeals the dismissal of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings.

In his motion, Smith raised five claims of ineffective assistance of counsel relating to his conviction for dealing in stolen property entered after a jury trial. The post-conviction court, citing Nielson v. State, 984 So.2d 587 (Fla. 2d DCA 2008), dismissed Smith’s motion, stating “[a]s there is no trial transcript, it cannot be determined whether [his] claims have legal merit.” The postconviction…