Eaddy v. State

District Court of Appeal of Florida

Eaddy v. State

845 So. 2d 961, 2003 Fla. App. LEXIS 6679, 2003 WL 21015186

CourtDistrict Court of Appeal of Florida

DecidedMay 7, 2003

DocketNo. 4D02-2552

StatusPublished

Cited by1 cases

This text of 845 So. 2d 961 (Eaddy v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eaddy v. State, 845 So. 2d 961, 2003 Fla. App. LEXIS 6679, 2003 WL 21015186 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

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 6.¹ See Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). In all other respects the summary denial is affirmed.

WARNER, FARMER and KLEIN, JJ., concur.

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PER CURIAM.

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 6.¹ See Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). In all other respects the summary denial is affirmed.

WARNER, FARMER and KLEIN, JJ., concur.

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845 So. 2d 961, 2003 Fla. App. LEXIS 6679, 2003 WL 21015186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eaddy-v-state-fladistctapp-2003.

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