Brown v. State, 654 So. 2d 272

PER CURIAM.

Appellant’s allegations that his trial counsel was ineffective in allowing a juror to serve on the jury after counsel was informed by appellant that the juror knew appellant and was hostile to him were sufficient to require the trial court to attach portions of the record which refuted claim or to hold an evidentiary hearing. See Gibbs v. State, 604 So.2d 544 (Fla. 1st DCA 1992). Since the trial court’s attachments do not refute appellant’s claim, we REVERSE and REMAND for further proceedings according to rule 3.850, Fla.R.Crim.P.

BOOTH, JOANOS and LAWRENCE, JJ., concur.

Case Details

Case Name: Brown v. State

Court Name: District Court of Appeal of Florida

Date Published: May 1, 1995

Citations: 654 So. 2d 272; 1995 Fla. App. LEXIS 4536; 1995 WL 247863; No. 94-2664

Docket Number: No. 94-2664

Court Abbreviation: Fla. Dist. Ct. App.