OSPINA v. STATE

No. 91-410.

579 So.2d 810 (1991)

Frank OSPINA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 6, 1991.


Attorney(s) appearing for the Case

Frank Ospina, Starke, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.


DIAMANTIS, Judge.

Defendant appeals the summary denial of his sixth motion for post-conviction relief under Rule 3.850 of the Florida Rules of Criminal Procedure. Defendant's motion raises three grounds for relief. We conclude that the trial court's summary denial of one of the grounds was error and therefore reverse and remand for a hearing on this matter. However, we hold that the trial court properly denied the motion on the other two grounds and affirm on these...

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