BACON v. STATE

No. 3D08-2586.

997 So.2d 1139 (2008)

Carlton Paul BACON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 5, 2009.


Attorney(s) appearing for the Case

Carlton Paul Bacon, in proper person.

Bill McCollum, Attorney General, for appellee.

Prior report: .


SUAREZ, J.

Carlton Paul Bacon appeals from a trial court order denying his petition for relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part.

The trial court failed to address, in its order denying relief, the issue raised by Bacon in his amended 3.850 petition regarding trial counsel's failure to object to the "and/or" clause in the instructions on conspiracy that were read to the jury. We remand this sole...

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