Vines v. State

Michael Vines appeals the summary denial of his Rule 3.850 motion claiming ineffective assistance of counsel on six grounds. We affirm, without discussion, the trial court’s denial of grounds 2, 5 and 6. But we reverse the denial of grounds 1, 3 and 4 because the court erroneously relied on defense counsel’s affidavit to refute Vines’s claims. See Morris v. State, 624 So.2d 864, 865 (Fla. 2d DCA 1993) (“[A]ffidavits generally cannot substitute for live testimony, subject to cross-examination, in proceedings under Florida Rule of Criminal Procedure 3.850.”); Robinson v. State, 516 So.2d 20, 20…