Bowden v. State
Docket: 1D10-5161
Court: District Court of Appeal of Florida; February 10, 2011; Florida; State Appellate Court
Gregory Walter Bowden, II, appeals the summary denial of his motion under Florida Rule of Criminal Procedure 3.850. He claims ineffective assistance of trial counsel for introducing testimony regarding his alleged probation for drug offenses in Georgia, despite the court's ruling that such testimony should not be presented to the jury. The appellate court notes that the lower court did not address this specific claim. In response to the appellate court's inquiry, the state acknowledged that the trial court should have considered this claim. According to appellate rules, the court must reverse a summary denial of a facially sufficient motion unless the record conclusively shows the appellant is not entitled to relief. Since the trial court failed to address Bowden's claim, the appellate court reverses the order regarding this issue and remands the case for the trial court to either provide conclusive record attachments that refute the claim or conduct an evidentiary hearing. The appellate court affirms the denial of relief on all other claims in the motion. The decision is reversed and remanded. Judges Lewis, Clark, and Rowe concur in the ruling.