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Austin v. State

District Court of Appeal of Florida, Fourth District
Nov 9, 2011
74 So. 3d 1119 (Fla. Dist. Ct. App. 2011)

Opinion

No. 4D09–2834.

2011-11-9

Edward AUSTIN, Appellant, v. STATE of Florida, Appellee.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 00–11925 CF10A.David W. Collins of the Law Offices of David W. Collins, Monticello, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Sue–Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.


Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 00–11925 CF10A.David W. Collins of the Law Offices of David W. Collins, Monticello, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Sue–Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm the denial of appellant's postconviction motion except as to the claim involving counsel's failure to call witness Sullivan at trial. This claim is legally sufficient and requires an evidentiary hearing. We remand for further proceedings on this claim only. We affirm the denial of the motion in all other respects.

Affirmed in part, Reversed in part and Remanded.

MAY, C.J., STEVENSON and LEVINE, JJ., concur.


Summaries of

Austin v. State

District Court of Appeal of Florida, Fourth District
Nov 9, 2011
74 So. 3d 1119 (Fla. Dist. Ct. App. 2011)
Case details for

Austin v. State

Case Details

Full title:EDWARD AUSTIN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 9, 2011

Citations

74 So. 3d 1119 (Fla. Dist. Ct. App. 2011)