Bennett v. State

This is an appeal of the trial court’s summary denial of defendant-appellant Bennett’s rule 3.850 motion. Finding that the record does not show conclusively that the appellant is entitled to no relief, the order is reversed and the cause remanded for an evidentiary hearing. See Fla. R.App.P. 9.140G).

Our reversal is limited to points I and VII of the defendant’s motion. On point I, defendant contends that trial counsel was ineffective for failing to call two specifically named witnesses to testify at trial. The motion sets forth with particularity what the witnesses would have testified to,…