Oleandi v. State

David Cook appeals the trial courts summary denial of his post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. We find the trial court erred in denying relief without an evidentiary hearing and remand for an evidentiary hearing on Cooks claim that counsel was ineffective at the penalty phase for failing to investigate family history and possible mental health mitigators.