FULLER v. STATE

No. 5D07-2764.

969 So.2d 571 (2007)

Samuel FULLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 30, 2007.


Attorney(s) appearing for the Case

Samuel Fuller, Raiford, pro se.

Bill McCollum, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.


TORPY, J.

Appellant seeks review of the order summarily denying his rule 3.850 motion, which challenged his conviction for cocaine possession. He claims that his trial attorney was ineffective for failing to properly contest the legality of the purportedly consensual search of his person. We conclude that his claim was not conclusively negated by the record provided by the trial court and accordingly reverse for further proceedings.

According to trial testimony...

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