Soloman v. State

Daniel Soloman appeals the order denying his rule 3,850 motion for post-conviction relief without a hearing. He contends a hearing is necessary on his claim that his attorney was ineffective for failing to put on evidence of his intoxication and request an instruction thereon. We agree and reverse for an evidentiary hearing.

Defendant asserts that he told his attorney before trial that he had been drinking and smoking marijuana the day of the crime and had used crack cocaine fifteen minutes before committing the crime. His attorney assertedly did not investigate his claim, but instead argued…