Gonzalez v. State

851 So.2d 859 (2003)

Manuel GONZALEZ, Appellant,

v.

STATE of Florida, Appellee.

No. 2D03-1496.

District Court of Appeal of Florida, Second District.

August 8, 2003.

KELLY, Judge.

Manuel Gonzalez challenges the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the attachments to the trial court's order do not refute Gonzalez's claim that his counsel was ineffective for failing to object to comments made by the prosecutor during closing arguments, we reverse.

Gonzalez was convicted of four counts of sexual battery on a victim less…