MARKS v. STATE

No. 85-291.

492 So.2d 681 (1986)

Franklin E. MARKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 4, 1986.


Attorney(s) appearing for the Case

Sara Blumberg of Dubiner & Blumberg, P.A., Boynton Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, Robert L. Teitler, Asst. Atty. Gen., West Palm Beach, for appellee.


GLICKSTEIN, Judge.

This is an appeal from the trial court's order, denying appellant's motion for relief pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for new trial.

The crimes involved here were heinous — kidnapping and sexual battery. The three men involved were nothing short of animals in their abuse of the female victim in 1981.

The defendant here was found guilty of both crimes, based on the victim's identification...

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