Teart v. State

Appellant seeks review of the trial court’s order summarily denying his rule 3.850 motion alleging one claim of ineffective assistance of trial counsel. We reverse and remand for an evidentiary hearing.

Appellant was a front-seat passenger in a vehicle that was stopped for running a red light. Upon making contact with the vehicle, the officer saw Appellant without his seat belt on and asked for his name. When Appellant gave a false name, the officer arrested him for violating section 901.36(1), Florida Statutes (2004). A subsequent search of the vehicle incident to Appellant’s arrest revealed…