STANLEY v. STATE (2003)

District Court of Appeal of Florida,First District.

John STANLEY, Appellant, v. STATE of Florida, Appellee.

No. 1D02-4831.

Decided: May 09, 2003

James T. Miller, Jacksonville, for Appellant. Charlie Crist, Attorney General, Kenneth D. Pratt, Assistant Attorney General, and Elizabeth Fletcher Duffy, Assistant Attorney General, Tallahassee, for Appellee.

The appellant challenges the order by which the trial judge summarily denied his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We reverse the order because the motion sets forth colorable claims which are not conclusively refuted by attachments to the order.

The appellant alleged colorable claims that his trial counsel was ineffective for failing to call eight witnesses, including the appellant, and for interfering with the appellant's right to testify. Although the judge attached a portion of the trial transcript to his order, the attachment does not conclusively refute the appellant's claims. See Farnbaugh v. State, 778 So.2d 369, 370-371 (Fla. 2d DCA 2001). Because these facially sufficient claims are not conclusively refuted by the attachment, the order is reversed and this case is remanded for further proceedings under rule 3.850.

REVERSED and REMANDED.

PER CURIAM.

ALLEN, C.J., BOOTH and BARFIELD, JJ., concur.

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