Turner v. State

BARKETT, Judge.

This is a pro se appeal by the defendant pursuant to Rule of Appellate Procedure 9.140(g) governing appeals from summary denials of Florida Rule of Criminal Proce*804dure 3.850 motions for post-conviction relief.

The trial court denied the defendant’s motion without an evidentiary hearing. Defendant alleges ineffective assistance of counsel which is an allegation of a factual nature. The trial court incorrectly determined that the underlying appeal was dis-positive of this issue. See Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980). Accordingly, we reverse for an evidentiary…