Garcia v. State

Alfredo Garcia appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.

As the record does not conclusively refute the claim of defendant-appellant Garcia that his trial counsel was ineffective for *398failing to pursue a voluntary intoxication defense, we reverse the order now before us and remand for a hearing on that issue only. See Fla. R.App. P. 9.141(b)(2); Patton v. State, 784 So.2d 380, 386 (Fla.2000); Lovett v. State, 773 So.2d 574, 575 (Fla. 3d DCA 2000); see also Etienne v. State, 778 So.2d 474, 475 (Fla. 3d DCA 2001); Caison v.…