FLUCKERS v. STATE

No. 98-2598.

731 So.2d 722 (1999)

James FLUCKERS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 19, 1999.


Attorney(s) appearing for the Case

James Fluckers, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before COPE, GREEN, and FLETCHER, JJ.


PER CURIAM.

Affirmed.

GREEN and FLETCHER, JJ., concur.

COPE, J. (concurring in part and dissenting in part).

The record now before us does not conclusively refute that part of defendant-appellant's Rule 3.850 motion in which he asserts that his trial counsel was ineffective for failing to present a voluntary intoxication defense to the specific intent crime of burglary. See Fla. R.App. P. 9.140(i). I would remand for further proceedings...

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