Horton v. State

District Court of Appeal of Florida

Horton v. State

906 So. 2d 1191, 2005 Fla. App. LEXIS 10822, 2005 WL 1630839

Procedural entryThis page is a short order in Horton v. State. Read the opinion of the Court — 943 So. 2d 1016 →

District Court of Appeal of Florida·Decided July 13, 2005·No. No. 4D05-300·Published

Opinion

PER CURIAM.

Anthony Terrell Horton filed a motion for postconvietion relief pursuant to rule 3.850 of the Florida Rules of Criminal Procedure. Among his eight claims for relief, Horton asserted that his trial counsel was ineffective for failing to properly investigate Corey Saunders as a defense witness. We find Horton’s claim legally sufficient, and not refuted by the record. Jacobs v. State, 880 So.2d 548 (Fla.2004). Consequently, claims four and five concerning Saunders should be the subject of an evidentiary hearing. We affirm the trial court’s summary denial of the remaining claims.

POLEN, KLEIN and HAZOURI, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Anthony Terrell Horton filed a motion for postconvietion relief pursuant to rule 3.850 of the Florida Rules of Criminal Procedure. Among his eight claims for relief, Horton asserted that his trial counsel was ineffective for failing to properly investigate Corey Saunders as a defense witness. We find Horton’s claim legally sufficient, and not refuted by the record. Jacobs v. State, 880 So.2d 548 (Fla.2004). Consequently, claims four and five concerning Saunders should be the subject of an evidentiary hearing. We affirm the trial court’s summary denial of the remaining claims.

POLEN, KLEIN and HAZOURI, JJ., concur.

Horton v. State, 906 So. 2d 1191, 2005 Fla. App. LEXIS 10822, 2005 WL 1630839 (Fla. Ct. App. 2005).

Pincite

906 So. 2d 1191 (Horton v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related