Gallagher v. State

Full title: Kevin GALLAGHER, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Aug 24, 2005

909 So. 2d 463 (Fla. Dist. Ct. App. 2005)

Opinion

No. 4D04-2591.

August 24, 2005.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Geoffrey D. Cohen, Judge; L.T. Case No. 01-6738 CF10A.

Carey Haughwout, Public Defender, and Margaret Good-Earnest and Marcy K. Allen, Assistant Public Defenders, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Katherine Y. McIntire and Richard Valuntas, Assistant Attorneys General, West Palm Beach, for appellee.

PER CURIAM.

Kevin Gallagher filed a rule 3.850 motion raising several challenges. We reverse and remand for further proceedings in connection with his seventh point, which we find legally sufficient. See Grosvenor v. State, 874 So.2d 1176 (Fla.), cert. denied, ___ U.S. ___, 125 S.Ct. 627, 160 L.Ed.2d 458 (2004). The remaining issues were properly denied.

STEVENSON, C.J., GUNTHER and HAZOURI, JJ., concur.