5D06-396 Harold Greer v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-396

Case Date: 01/22/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2007

HAROLD J. GREER, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 26, 2007 3.850 Appeal from the Circuit Court for Seminole County, Kenneth R. Lester, Jr., Judge. Harold J. Greer, Bowling Green, Pro Se. Bill McCollum , Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D06-396

PER CURIAM. Harold J. Greer appeals the summary denial of ground three of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.1 In his third claim, Mr. Greer asserts that he elected not to testify at his trial based on his counsel's misadvice regarding the consequences of such testimony. More specifically, he alleges that counsel told him that the State would be allowed to ask him about the The trial court summarily denied grounds one and two of Mr. Greer's postconviction motion. He has not appealed those rulings.
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facts and circumstances of his prior felony convictions.

Having examined the

attachments to the trial court's order, we disagree that they conclusively refute Mr. Greer's allegation. Accordingly, we remand for an evidentiary hearing on Mr. Greer's third claim. AFFIRMED IN PART, REVERSED IN PART; REMANDED.

GRIFFIN, ORFINGER and LAWSON, JJ., concur.

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