Kenney v. State

District Court of Appeal of Florida

Kenney v. State

650 So. 2d 1136, 1995 Fla. App. LEXIS 2302, 1995 WL 94403

CourtDistrict Court of Appeal of Florida

DecidedMarch 9, 1995

DocketNo. 94-2137

StatusPublished

Cited by1 cases

This text of 650 So. 2d 1136 (Kenney 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.

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Kenney v. State, 650 So. 2d 1136, 1995 Fla. App. LEXIS 2302, 1995 WL 94403 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

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.

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PER CURIAM.

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.

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650 So. 2d 1136, 1995 Fla. App. LEXIS 2302, 1995 WL 94403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenney-v-state-fladistctapp-1995.

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