SPELLERS v. STATE

No. 5D08-2043.

993 So.2d 1117 (2008)

Bryan SPELLERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 10, 2008.


Attorney(s) appearing for the Case

Bryan Spellers, Bristol, pro se.

Bill McCollum, Attorney General, Tallahassee, and Carlos A. Ivanor, Jr., Assistant Attorney General, Daytona Beach, for Appellee.


EVANDER, J.

Spellers appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. We conclude that Spellers stated a facially sufficient claim of ineffective assistance of counsel and, accordingly, reverse.

Spellers was convicted, after a jury trial, of aggravated battery with a firearm upon his stepfather. His primary defense was that he was defending his mother from his stepfather's physical abuse. Spellers...

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