McCLENDON v. STATE

No. 1D00-1503.

765 So.2d 247 (2000)

Bernard McCLENDON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 9, 2000.


Attorney(s) appearing for the Case

Appellant Bernard McClendon, pro se, DeFuniak Springs.

Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Bernard McClendon appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the denial of two of his claims.

First, in addressing McClendon's claim that defense counsel failed to act upon being informed that one of the jurors was sleeping, the trial court resolved factual issues. Because this claim should not have been subject to summary denial, we reverse and remand...

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