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VAUSE v. STATE

No. BN-382.

502 So.2d 511 (1987)

Willie VAUSE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 16, 1987.

Attorney(s) appearing for the Case

Gwendolyn Spivey, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and John W. Tiedemann, Asst. Atty. Gen., for appellee.

MILLS, Judge.

Vause contends the trial court committed reversible error in denying his petition for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We agree and reverse.

Vause was indicted in 1979 for first degree murder (Count I), shooting into an occupied vehicle (Count II), and using a firearm in the commission of a felony (Count III). He went to trial in January of 1981. The jury convicted Vause of third degree murder...

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