BOUTWELL v. STATE

No. 90-133.

563 So.2d 798 (1990)

Kenneth D. BOUTWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 21, 1990.


Attorney(s) appearing for the Case

Kenneth D. Boutwell, in pro. per.

No appearance for appellee.


THOMPSON, FORD L. (Retired), Associate Judge.

Boutwell appeals an order denying his Fla.R.Crim.P. 3.850 motion for post-conviction relief. We affirm in part and reverse and remand in part for further proceedings.

Boutwell was convicted of first degree murder and possession of a firearm during the commission of a felony, both arising from the same drive-by shooting incident. Boutwell proceeded to trial on the theory that another person had committed the crime...

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