STATE v. HOLMES

No. 5D05-3891.

929 So.2d 719 (2006)

STATE of Florida, Appellant, v. Steven Duain HOLMES, Appellee.

District Court of Appeal of Florida, Fifth District.

May 26, 2006.


Attorney(s) appearing for the Case

Charles J. Christ, Jr., Attorney General, Tallahassee, and Jeffrey R. Casey, Assistant Attorney General, Daytona Beach, for Appellant.

No Appearance for Appellee.


LAWSON, J.

The State of Florida appeals an order summarily granting Steven Duain Holmes' motion for postconviction relief, filed pursuant to rule 3.850 of the Florida Rules of Criminal Procedure, without holding an evidentiary hearing. We reverse.

Holmes was charged by information with attempted second degree murder for cutting the neck/throat of victim Keisha McKay with the blade of a "box cutter." The trial judge instructed the jury on this charge, and on...

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