Legal Opinion

Byrden v. State

District Court of Appeal of Florida

Decided June 13, 2003No. 1D02-4882PublishedCited by 1 opinion

1Per curiam

Appellant seeks review of an order summarily denying his motion seeking post-*573conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. He asserts that his trial counsel was ineffective in five respects. As to all save one, we affirm without discussion. We are, however, constrained to reverse the summary denial of the remaining claim because the portions of the record attached to the trial court’s order do not demonstrate conclusively that appellant is entitled to no relief.

Appellant was convicted of armed robbery. The state’s case consisted of a positive identification by the…

2Cases cited2 opinions

  1. Terrero v. StateDistrict Court of Appeal of Florida · 2003
  2. English v. StateDistrict Court of Appeal of Florida · 2002

3Cited by1 opinion

  1. Colon v. StateDistrict Court of Appeal of Florida · 2005

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