HERZOG v. STATE, 475 So.2d 747 (Fla.App. 4 Dist. 1985)

No. 85-672.District Court of Appeal of Florida, Fourth District.
September 25, 1985.

3.850 Appeal from the Circuit Court for Broward County; Thomas M. Coker, Jr., Judge.

Page 748

Frederick Herzog, pro se.

No appearance required for appellee.

PER CURIAM.

We affirm in part and reverse in part the trial court’s order denying appellant’s motion for post-conviction relief without a hearing. We reverse only that portion of the order denying appellant’s claim of ineffective assistance of counsel. We remand with directions that the trial court either schedule an evidentiary hearing or attach portions of the record which conclusively establish that appellant’s claim of ineffective assistance of counsel is without merit.

ANSTEAD, LETTS and BARKETT, JJ., concur.