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Kenney v. State

District Court of Appeal of Florida, First District
Mar 9, 1995
650 So. 2d 1136 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2137.

March 9, 1995.

An appeal from the Circuit Court for Clay County; Peter L. Dearing, Judge.

Kenney, appellant pro se.

No appearance for appellee.


On appeal from summary denial of a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, we affirm with respect to nine claims. On the authority of Wilson v. State, 647 So.2d 185 (Fla. 1st DCA 1994) and Gill v. State, 632 So.2d 660 (Fla. 2d DCA 1994), however, we reverse for further proceedings on appellant's claim that he would have been acquitted if his lawyer had not prevented his testimony. See Fla. R.App.P. 9.140(g). On remand, appellant is also entitled to further consideration of his claim that he would have accepted offers for negotiated pleas that his lawyer allegedly failed to communicate to him. Id.; Wilson; Young v. State, 608 So.2d 111, 113 (Fla. 5th DCA 1992).

MICKLE, LAWRENCE, and BENTON, JJ., concur.


Summaries of

Kenney v. State

District Court of Appeal of Florida, First District
Mar 9, 1995
650 So. 2d 1136 (Fla. Dist. Ct. App. 1995)
Case details for

Kenney v. State

Case Details

Full title:FLOYD THOMAS KENNEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Mar 9, 1995

Citations

650 So. 2d 1136 (Fla. Dist. Ct. App. 1995)

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