FERRARO v. STATE (2020)

District Court of Appeal of Florida, Fourth District.

Gregory FERRARO, Appellant, v. STATE of Florida, Appellee.

No. 4D20-113

Decided: September 09, 2020

Gregory Ferraro, Fort Pierce, pro se. No appearance required for appellee.

Affirmed.

On this record, I would reverse and remand for an evidentiary hearing on grounds one through three, as the record does not conclusively refute the claim of ineffective assistance as to counsel's trial strategy. See Button v. State, 941 So. 2d 531, 533 (Fla. 4th DCA 2006) (“A trial court cannot deny a motion for post-conviction relief by finding that defense counsel's decision was tactical or trial strategy without first holding an evidentiary hearing.”).

Per Curiam.

Forst and Klingensmith, JJ., concur. Warner, dissents with opinion.

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