Bruce v. State

NORTHCUTT, Judge.

Tyron Bruce appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings.

Bruce filed a timely motion alleging ineffective assistance of his trial counsel. The postconviction court found his claim facially sufficient and ordered an evidentiary hearing. At the hearing, Bruce was represented by appointed counsel, who sought a continuance so that she could amend the postconviction motion. The court took the testimony of two witnesses pertinent to the issue raised in the original motion and…