Pita v. State

Jorge Pita appeals from an order summarily denying a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. On appeal from a summary denial, this court must reverse unless the post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R. App. P. 9.141(b)(2)(A) & (D).

Because the defendant Pita made a facially valid claim of ineffective assistance of counsel in Issue 2 of his petition, and because the record now before us fails to make the required showing, we reverse the order and remand for an evidentiary hearing or for the…