EUBANKS v. STATE

No. 4D02-560.

819 So.2d 880 (2002)

Jay EUBANKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 5, 2002.


Attorney(s) appearing for the Case

Jay Eubanks, Daytona Beach, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Maria J. Patullo, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, J.

Jay Eubanks timely challenges the summary denial of his rule 3.850(a) motion for postconviction relief. In his motion, Eubanks raised two claims for relief; we find one of the claims legally sufficient and thus reverse the summary denial of his postconviction motion.

After a jury trial, Eubanks was convicted of grand theft of a motor vehicle and resisting arrest without violence and sentenced to ten years prison for the grand theft count and...

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