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Yarbrough v. State
599 So. 2d 245
Fla. Dist. Ct. App.
1992
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PER CURIAM.

The appellant challenges the summary denial of his Florida Rules of Criminal Procedure 3.850 motion for post-conviction relief. Although the other assertions in the motion do not present any basis for relief, the appellant does make a facially sufficient claim of ineffective assistance of counsel under his first point, wherein he contends that his counsel failed to object to jury instructions which improperly combined elements of separate offenses. We therefore reverse the challenged order as to this claim only, and remand for either an evidentiary hearing or the attachment of such portions of the record as will show that the appellant is not entitled to relief.

BOOTH, BARFIELD and ALLEN, JJ., concur.

Case Details

Case Name: Yarbrough v. State
Court Name: District Court of Appeal of Florida
Date Published: May 26, 1992
Citation: 599 So. 2d 245
Docket Number: No. 91-3197
Court Abbreviation: Fla. Dist. Ct. App.
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