King v. State

Gary King appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the record does not conclusively show that defendant is not entitled to relief on the voluntary intoxication ground, see Soloman v. State, 741 So.2d 1211 (Fla. 5th DCA 1999); Joyner v. State, 728 So.2d 329 (Fla. 3d DCA 1999), we reverse the order and remand the cause for an eviden-tiary hearing on that ground. We affirm the order as to the remaining grounds.

Contrary to the dissent’s position, the evidence that it refers to in support of the assertion that counsel “explored…