Opinion
No. 98-4405.
Opinion filed September 29, 1999.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. No. 95-5967 CF10.
Scot B. Naidus, Bristol, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Leslie T. Campbell, Assistant Attorney General, West Palm Beach, for appellee.
The order summarily denying appellant's motion for postconviction relief is affirmed with respect to appellant's claims of ineffective assistance of appellate counsel. See Downs v. State, 24 Fla. L. Weekly S231 n. 5 (Fla. May 20, 1999) (claims of ineffective assistance of appellate counsel are not cognizable in a rule 3.850 motion for postconviction relief and are more appropriately raised in a petition for writ of habeas corpus). As for appellant's claim that trial counsel was ineffective in conceding appellant's guilt without his consent, the order is reversed and remanded for an evidentiary hearing, as the motion, files and record attachments do not conclusively establish that appellant is not entitled to relief. See Fla. R. Crim. P. 3.850(d); Harvey v. Dugger, 656 So.2d 1253, 1256 (Fla. 1995); Nixon v. State, 572 So.2d 1336, 1339 (Fla. 1990), cert. denied, 502 U.S. 854 (1991).
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED FOR EVIDENTIARY HEARING.
GUNTHER, STONE and SHAHOOD, JJ., concur.