Santos v. State

Jose Santos appeals from the summary denial of his Florida Rule of Criminal Procedure 3.850 Motion for Postconviction Relief. We conclude that Santos’ first two claims1 are not conclusively refuted by the record and, accordingly, reverse.

Santos was convicted, after a jury trial, of robbery with a deadly weapon and aggravated battery with a deadly weapon. His convictions were per curiam affirmed by this court. Santos v. State, 66 So.3d 949 (Fla. 5th DCA 2011).

*819In his postconviction motion, Santos alleged that his trial counsel was ineffective for failing to investigate, interview, and present…