SIMS v. STATE

No. SC04-1879.

967 So.2d 148 (2007)

Merrit Alonzo SIMS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied October 11, 2007.


Attorney(s) appearing for the Case

P. Benjamin Duke of Covington and Burling, LLP, New York, New York, and Benjamin S. Waxman of Robbins, Tunkey, Ross, Amsel, Raben, Waxman, and Eiglarsh, P.A., Miami, Florida, for Appellant.

Bill McCollum, Attorney General, Tallahassee, Florida, Sandra S. Jaggard and Margarita I. Cimadevilla, Assistant Attorneys General, Miami, Florida, for Appellee.


PER CURIAM.

Merrit Alonzo Sims appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons stated below, we reverse the trial court's denial of relief and remand the case for a new trial.

I. FACTUAL AND PROCEDURAL BACKGROUND

The following facts were set forth by this Court in its Sims opinion on direct appeal:

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