Swilley v. State

Waymon Swilley seeks review of the trial court’s order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Swilley raises four claims of ineffective assistance of counsel in his motion. Because one of Swilley’s claims effectively alleges ineffective assistance of counsel and is not conclusively refuted by the record, we reverse and remand for an eviden-tiary hearing on that claim. We affirm the trial court’s denial of the remaining claims without discussion.

Swilley argues that trial counsel was ineffective for failing to have…