WILLIAMS v. STATE (2003)

District Court of Appeal of Florida,First District.

Chauncey WILLIAMS, Appellant, v. STATE of Florida, Appellee.

No. 1D03-3017.

Decided: December 29, 2003

Appellant, pro se. Charlie Crist, Attorney General, Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee.

The appellant challenges the summary denial of his rule 3.850 postconviction motion, which alleged two claims for relief. We affirm the summary denial of the first claim, but reverse as to the second. The appellant alleges counsel was ineffective for misadvising him that the voluntary intoxication defense was not available to him because it had been abolished by the Legislature. The appellant's offense was committed September 21, 1999, and the voluntary intoxication defense was abolished as of October 1, 1999. See § 775.051, Fla. Stat. (1999). Because this claim is facially sufficient, and not refuted by the record, we reverse and remand for the trial court to attach record portions in support of the summary denial or conduct an evidentiary hearing. See Fla. R.App. P. 9.141(2)(A) (2003).

REVERSED IN PART, REMANDED IN PART, AND AFFIRMED IN PART.

PER CURIAM.

KAHN, BENTON AND VAN NORTWICK, JJ., concur.

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