898 So. 2d 1008 | Fla. Dist. Ct. App. | 2005
Tavares Clark appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without comment as to claims one, three, and four of Mr. Clark’s motion and reverse as to claim two.
In claim two, Mr. Clark alleges that trial counsel was ineffective for failing to file a motion to suppress his confession, which was obtained in violation of his Miranda
Mr. Clark stated a legally sufficient claim for relief, which was not conclusively refuted by the record. Savage v. State, 832 So.2d 807 (Fla. 2d DCA 2002). Accordingly, we reverse the trial court’s order on this claim. On remand, the trial
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).