Collins v. State

SHARP, Judge.

This case is remanded to the trial court to do one of the following pursuant to Rule 3.850: (1) attach a copy of the portion of the files and records which conclusively shows the prisoner is entitled to no relief; (2) grant a prompt hearing on the issue of incompetency of counsel after notice to the prosecuting attorney and after appointment of counsel for the prisoner.

REMANDED TO TRIAL COURT.

UPCHURCH, F., J., concurs. ORFINGER, J., dissenting with opinion.