LORDCEDRIC GRIFFIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LORDCEDRIC GRIFFIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
101 So. 3d 399
Florida District Court of Appeal, First District (2012)
Positive Treatment
Cited by 3 cases
Opinion of the Court
The appellant’s rule 3.850 motion is facially sufficient to assert a claim of ineffective assistance of counsel to the extent that it alleges a failure to move for a judgment of acquittal on the charged offense of burglary with damage in excess of $1,000.00. The record before us contains no evidence that the damage exceeded $1,000.00 or that there was otherwise a valid reason why counsel did not raise this issue at trial. Consequently, we reverse the order summarily denying the motion and remand the case to the trial court for attachment of records conclusively refuting the claim or an evidentiary hearing.
PADOVANO, ROWE, and RAY, JJ„ concur.