CLUGSTON v. STATE

No. 4D98-0244.

765 So.2d 816 (2000)

Christopher Jon CLUGSTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 21, 2000.


Attorney(s) appearing for the Case

Kenneth J. Kukec of Kenneth J. Kukec, P.A., Miami, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Consuelo Maingot, Assistant Attorney General, Fort Lauderdale, for appellee.


PER CURIAM.

Appellant appeals from a final order denying his motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the final order and remand this case for a new trial.

Appellant was originally indicted for premeditated murder in the drive-by shooting death of Bryce Waldman at about 3:30 in the morning on October 25, 1982, as Waldman was getting off work as a security guard at the Agora Ballroom, at closing...

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