TURNER v. STATE

No. 2D05-2346.

920 So.2d 1217 (2006)

Theodore TURNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 22, 2006.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Danilo Cruz-Carino, Assistant Attorney General, Tampa, for Appellee.


WHATLEY, Judge.

Theodore Turner appeals the order denying his motion for postconviction relief. He raises several issues, but we find merit in only one.

The trial court summarily denied claim two of Turner's motion on the ground that it was procedurally barred because it had been raised on direct appeal. The trial court misinterpreted Turner's claim. On direct appeal Turner raised the issue of whether the trial court erred in finding that he had willfully...

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