GILBERT v. STATE

No. 4D03-1105.

852 So.2d 397 (2003)

Kenneth R. GILBERT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 20, 2003.


Attorney(s) appearing for the Case

Kenneth R. Gilbert, Raiford, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Kenneth R. Gilbert appeals an order summarily denying his rule 3.850 motion for postconviction relief and the order denying his motion for rehearing. We affirm without discussion as to appellant's first three grounds for postconviction relief, but reverse the summary denial as to the fourth ground.

Following a jury trial, appellant was found guilty of burglary of an occupied structure. At trial, Eugene Gallina testified that he arrived for work...

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