Opinion
No. 91-0005.
April 24, 1991.
Appeal of order denying rule 3.850 motion from the Circuit Court for Broward County; M. Daniel Futch, Jr., Judge.
Neil Leavitt, Hollywood, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Jacqueline Saltiel, Asst. Atty. Gen., West Palm Beach, for appellee.
Defendant Noble appeals the summary denial of his 3.850 motion for post-conviction relief. We affirm the denial of postconviction relief as to all claims contained in the motion except the claim of ineffectiveness of trial counsel based upon trial counsel's failure to file a motion for new trial. As to this claim, we remand to the trial court for an evidentiary hearing or for attachment of portions of the record showing the defendant is not entitled to relief. Gentry v. State, 464 So.2d 659 (Fla. 4th DCA 1985).
GLICKSTEIN, GUNTHER and POLEN, JJ., concur.