Holvens Labissiere appeals the trial courts summary denial of his Florida Rule of Criminal Procedure 3.850 motion. We agree with Labissiere that he should have been afforded a hearing on claims one
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and two of his motion, and we reverse the summary denial as to these claims. We affirm in all other respects.
REVERSED in part; AFFIRMED in part; REMANDED.
FOOTNOTES
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. We note that the allegations contained in claim one, if established, raise serious ethical concerns regarding Labissieres trial counsel. While the reviewing court is not in a position to make factual findings, should the trial court, following an evidentiary hearing, determine that Labissieres allegations are substantiated, it should consider the appropriate action to take regarding trial counsel, including referring the matter to the Florida Bar. PER CURIAM.
EVANDER, HARRIS and WOZNIAK, JJ., concur.