MICHUTKA v. STATE

No. BL-4.

506 So.2d 1 (1986)

Thomas Vincent MICHUTKA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 29, 1987.


Attorney(s) appearing for the Case

Thomas Vincent Michutka, pro se.

Gregory G. Costas, Asst. Atty. Gen., Tallahassee, for appellee.


THOMPSON, Judge.

Michutka appeals the denial, without a hearing, of his Fla.R.Crim.P. 3.850 motion for post conviction relief. We reverse.

Michutka was convicted of one count of defrauding an innkeeper of more than $100 and one count of grand theft by use of a credit card, both third degree felonies. §§ 509.151(1) and 812.014, Fla. Stat. (1983). Section 509.151(1) provides that if the value of the food or lodging obtained by fraud is worth $100 or...

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