Payton v. State

Appellant alleges in a motion filed under Florida Rule of Criminal Procedure 3.850 that his trial counsel affirmatively misinformed him as to the availability of a voluntary intoxication defense. The trial court summarily denied the motion. Morris v. State, 670 So.2d 1151 (Fla. 1st DCA 1996), however, mandates reversal as the record materials attached to the trial court’s order do not conclusively demonstrate that the appellant is not entitled to relief. Therefore, we remand so that the trial court can conduct an evidentiary hearing as to the claim of ineffective assistance of counsel for…