POLLOCK v. STATE (1998)

District Court of Appeal of Florida,Fourth District.

Torey POLLOCK, Appellant, v. STATE of Florida, Appellee.

No. 97-3453.

Decided: January 07, 1998

Torey Pollock, Bowling Green, pro se. Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.

Torey Pollock appeals from the summary denial of his motion for post-conviction relief based on ineffective assistance of counsel. Fla.R.Crim.P. 3.850. Pollock allegedly relied on advice of counsel in pleading guilty to a charge of attempted first degree murder, even though the indictment failed to specify whether the state's theory behind the charge was premeditated or felony-murder. Because our review of the record does not conclusively refute appellant's claim that his trial counsel was ineffective for failing to explore the effect of State v. Gray, 654 So.2d 552 (Fla.1995), we reverse the order and remand the case for an evidentiary hearing, or for attachment of portions of the record which would refute Pollock's claims. See Glinton v. State, 685 So.2d 1375 (Fla. 3d DCA 1996).

REVERSED and REMANDED for an evidentiary hearing.

POLEN, Judge.

GLICKSTEIN and SHAHOOD, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network