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ALI v. STATE (2006)

District Court of Appeal of Florida,Fourth District.

Fathi S. ALI, Appellant, v. STATE of Florida, Appellee.

No. 4D04-3610.

Decided: January 11, 2006

Fathi S. Ali, Okeechobee, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.

We reverse in part the trial court order denying appellant's Motion for Relief, pursuant to Florida Rule of Criminal Procedure 3.850, alleging ineffective assistance of counsel.   The state properly concedes, and we agree, that appellant's point B is facially sufficient, requiring remand for either an evidentiary hearing or attachment of those portions of the record which conclusively refute appellant's claim.   As to points A and C, we affirm.

PER CURIAM.

WARNER, POLEN and FARMER, JJ., concur.

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ALI v. STATE (2006)

Docket No: No. 4D04-3610.

Decided: January 11, 2006

Court: District Court of Appeal of Florida,Fourth District.

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