Trusty v. State

LAWRENCE, Judge.

Charles Trusty (Trusty) appeals an order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Among the numerous grounds listed in support of his motion, Trusty alleged his trial counsel was ineffective for failing to file a notice of appeal even though he asked his counsel to do so immediately after sentencing. This claim *1036creates a colorable claim of ineffective assistance of counsel, requiring reversal' and remand for either an evidentiary hearing or attachment of those portions of the record refuting Trusty’s…