Palau v. State

The circuit court denied appellant’s claim of ineffective assistance based on his trial counsel’s alleged failure to investigate and present a defense of voluntary intoxication. We find that this claim is facially sufficient, see Harley v. State, 753 So.2d 693 (Fla. 4th DCA 2000); Kelly v. State, 712 So.2d 780 (Fla. 2d DCA 1998), and was not conclusively refuted with record attachments. As to appellant’s claim that the thirty-year minimum-mandatory sentence term is improper, the state and the circuit court concede the necessity for correction of that term, and state that a prison disposition…