District Court of Appeal of Florida July 20, 2005, No. 3D04-2574 (Garcia v. State)

WELLS, Judge.

Reinaldo Garcia appeals the summary denial of his rule 3.850 post-conviction motion alleging ineffective assistance of trial counsel. Because Garcia’s facially sufficient claim is neither conclusively refuted by the record, nor otherwise procedurally barred, we reverse and remand for an evidentiary hearing.