STATE v. TURNER

No. 85-1842.

492 So.2d 487 (1986)

STATE of Florida, Appellant, v. John D. TURNER, Appellee.

District Court of Appeal of Florida, Fifth District.

August 7, 1986.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Michael L. O'Neill, Asst. Public Defender, Daytona Beach, for appellee.


COWART, Judge.

This is an appeal by the State from an order granting a defendant's 3.850 motion for post-conviction relief.

In 1975 the defendant was charged with first degree murder (§ 782.04(1)(a), Fla. Stat. (1973)), attempted armed robbery (§§ 776.04 and 813.011, Fla. Stat. (1973)), and assault with attempt to commit a felony (§ 784.06, Fla. Stat. (1973)). In exchange for the State's agreement not to seek the death penalty, defendant...

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