CAPSHAW v. STATE

No. 77-1297.

362 So.2d 429 (1978)

Richard D. CAPSHAW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 30, 1978.


Attorney(s) appearing for the Case

Robert E. Jagger, Public Defender, and Dane E. DiSano, Asst. Public Defender, Clearwater, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Richard D. Capshaw appeals the summary denial of his motion to vacate sentence for the crime of robbery. He contends that the record does not conclusively show that he is entitled to no relief.

We agree with appellant and reverse.

In his motion appellant alleged ineffective assistance of counsel because his appointed attorney failed to inform him that he may have lacked mens rea which could be asserted as a defense, and did not inform ...

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