STATE v. ACIEGO

No. 96-2253.

691 So.2d 1155 (1997)

STATE of Florida, Appellant, v. Ernesto ACIEGO, Appellee.

District Court of Appeal of Florida, Third District.

April 23, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Douglas Gurnic, Assistant Attorney General, for appellant.

Russell K. Rosenthal, Miami, for appellee.

Before GERSTEN and SORONDO, JJ., and BARKDULL, Senior Judge.


PER CURIAM.

The Appellee/Defendant filed a motion for post-conviction relief alleging several grounds. The trial court denied most of the motion but granted the defendant's request for an evidentiary hearing on his claim of ineffective assistance of counsel. Ultimately, this claim was also denied. During the hearing, the defendant moved ore tenus to vacate his conviction and sentence for the crime of attempted third degree felony murder. Relying on this court...

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