Opinion
Case No. 4D02-2552.
Opinion filed May 7, 2003.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard I. Wennet, Judge; L.T. Case No. 98-13561 CFA06.
Anthony Eaddy, Wewahitchka, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Heidi Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.
We reverse the summary denial of defendant's motion for post-conviction relief as to claim 4, alleging ineffective assistance of counsel as to the DNA expert and the failure to obtain a defense expert to explain the relationship of the evidence to his defense. On remand, the court shall afford an evidentiary hearing or attach parts of the record conclusively refuting this claim. The court shall also reconsider appellant's Apprendi challenge to his sentence, raised in claim 6. See Apprendi v. New Jersey, 530 U.S. 466 (2000). In all other respects the summary denial is affirmed.
Appellant's case was not final when Apprendi was decided.
WARNER, FARMER and KLEIN, JJ., concur.