HAVIS v. STATE

No. BO-73.

506 So.2d 3 (1987)

Dawson Eugene HAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

On Motion for Rehearing April 6, 1987.


Attorney(s) appearing for the Case

Dawson Eugene Havis, pro se.

Robert A. Butterworth, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., for appellee.


MILLS, Judge.

Havis appeals from an order denying him post-conviction relief sought pursuant to Florida Rules of Criminal Procedure 3.850. We agree with Havis' position that the trial court should not have summarily denied his petition and, therefore, reverse.

Havis was convicted on 13 December 1983, after a trial by jury, of trespass of a structure occupied by a human being and lewd, lascivious or indecent assault in the presence of a child under the age...

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