EADDY v. STATE

No. 4D02-2552.

845 So.2d 961 (2003)

Anthony EADDY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 7, 2003.


Attorney(s) appearing for the Case

Anthony Eaddy, Wewahitchka, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Heidi Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

We reverse the summary denial of defendant's motion for post-conviction relief as to claim 4, alleging ineffective assistance of counsel as to the DNA expert and the failure to obtain a defense expert to explain the relationship of the evidence to his defense. On remand, the court shall afford an evidentiary hearing or attach parts of the record conclusively refuting this claim. The court shall also reconsider appellant's Apprendi challenge to his...

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