Banks v. State

ALLEN, Judge.

The appellant challenges the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We conclude that the motion was properly denied except as to the allegation that trial counsel was ineffective in failing to raise a hypothesis of innocence (as specified in ground 11), and in refusing to allow the appellant to testify (ground 7). Although the court found that these alleged deficits would not have affected the outcome of the trial, the appealed order contains no substantiating attachment and such harmlessness will not be presumed.…