BRUTON v. STATE

No. 4D03-1514.

875 So.2d 1255 (2004)

Melinda BRUTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 14, 2004.


Attorney(s) appearing for the Case

Melinda Bruton, Florida City, pro se.

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


PER CURIAM.

The defendant appeals the summary denial of her motion for postconviction relief. She argues that her trial counsel was ineffective for failing to file a motion to dismiss a grand theft count that was a necessarily lesser included offense of another count for exploitation of an elderly person. We agree and reverse.

The case stemmed from an incident where the defendant wore a nurse's uniform and pretended to be a caregiver at a hospital. She disconnected...

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