ON MOTION FOR REHEARING
We grant Appellant Jeff Scotts motion for rehearing, withdraw this Courts March 23, 2022 unelaborated affirmance opinion, and replace it with the following:
Appellant challenges the trial courts November 2, 2020 order summarily denying Appellants postconviction motion. Appellants motion alleged that his trial counsel was deficient for advising Appellant not to testify at his trial. Attached to the trial courts order is ample evidence that Appellants decision not to testify was voluntary. The orders attachments, however, do not conclusively disprove Appellants allegation that no reasonable attorney would have discouraged Appellant from testifying. We therefore reverse the challenged order and remand the matter to the postconviction trial court to conduct an evidentiary hearing to determine whether Appellants trial counsel was deficient in advising Appellant not to testify. See Hodges v. State, 260 So. 3d 458, 459-60 (Fla. 5th DCA 2018); Simon v. State, 47 So. 3d. 883, 885-86 (Fla. 3d DCA 2010).
Reversed and remanded with instructions.
PER CURIAM.