STATE v. EBY

No. 75-1769.

342 So.2d 1087 (1977)

STATE of Florida, Appellant, v. Richard Lee EBY, Appellee.

District Court of Appeal of Florida, Second District.

March 4, 1977.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellant.

Herbert T. Schwartz, Gainesville, for appellee.


McNULTY, Judge.

The state appeals from an order granting appellee post-conviction relief under Fla.R. Crim.P. 3.850 for the failure of appointed trial defense counsel to present evidence relating to certain possible defenses. We reverse.

On January 1, 1972, appellee was charged by indictment with two counts of first degree murder, he having allegedly shot and killed his wife and her paramour while they were engaged...

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