Kesick v. State (448 So. 2d 644, 1984)

PER CURIAM.

Reversed and remanded for an evidentia-ry hearing on appellant’s allegations in his motion for post-conviction relief of prosecu-torial misconduct and ineffective assistance of counsel. Specifically, appellant alleges that his counsel failed to act when informed by the prosecutor that one of the jurors was sleeping during a portion of the trial. Among the attachments to appellant’s motion is a letter from his trial counsel apparently acknowledging the incident concerning the sleeping juror. Cf. Nova v. State, 439 So.2d 255 (Fla. 3d DCA 1983); Parker v. State, 336 So.2d 426 (Fla. 1st DCA 1976). We note that these allegations were contained among a multitude of other allegations made by appellant which we find, as did the trial court, lack merit.

ANSTEAD, C.J., and DOWNEY and DELL, JJ., concur.