Smith v. State

YAN NORTWICK, Judge.

Appellant, Donald Smith, seeks reversal of the denial of a motion for post-conviction relief filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Because the copies of the portion of the files and records attached to the trial court’s order do not conclusively show that appellant is entitled to no relief with respect to one of his claims of ineffective assistance of counsel, as required by Rule 3.850, we affirm in part, reverse in part, and remand for an evidentiary hearing.

Appellant pled guilty to two counts of attempted kidnapping and one count of…