HORTON v. STATE

No. 96-795.

682 So.2d 647 (1996)

David L. HORTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 5, 1996.


Attorney(s) appearing for the Case

David L. Horton, Immokalee, Pro Se.

Robert A. Butterworth, Attorney General, and Sonya Roebuck Horbelt, Assistant Attorney General, Tallahassee, for Appellee.


ALLEN, Judge.

The appellant challenges an order by which his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief was denied. Because we conclude that relief should be granted as to the claim that relies upon Ashley v. State, 614 So.2d 486 (Fla. 1993), we reverse the order to the extent that it reflects a denial of the Ashley claim. We conclude that we are precluded by Wild v. Dozier,

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