Blanco v. State

Ernest Blanco, Jr., appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the trial judge denied the motion without an eviden-tiary hearing, he did not attach to his denial any portion of the files or records to refute the appellant’s allegations.

Blanco alleges that his trial counsel was constitutionally ineffective because he: (1) failed to assert that at the time of the commission of the crime Blanco was so intoxicated that he lacked the mental capacity to form the specific intent to commit murder or robbery;…