COLBY MCCOGGLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1999-10-27
No. 99-303
WARNER, C.J., GUNTHER and FARMER, JJ., concur.
748 So. 2d 309 Florida District Court of Appeal, Fourth District (1999) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the trial court’s order summarily denying relief under rule 3.850. The order and its attachments do not conclusively refute the sworn allegations of the motion for postconviction relief.

WARNER, C.J., GUNTHER and FARMER, JJ., concur.

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    …er accused of wrongdoing. The attachments do not reveal what, if any, testimony the officer accused of wrongdoing gave. As a result, they fail to conclusively refute Wittemen’s sworn allegations. [*360] We accordingly reverse. See McCoggle v. State, 748 So. 2d 309 (Fla. 4th DCA 1999). On remand, the court shall conduct an evidentiary hearing on Wittemen’s claims to determine if counsel’s alleged omission in failing to file a motion to suppress constituted ineffective assistance. Reversed and remanded for fur…

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