TORRES v. STATE

No. 4D08-3369.

9 So.3d 746 (2009)

Francisco TORRES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 29, 2009.


Attorney(s) appearing for the Case

Francisco Torres, Indiantown, pro se.

Bill McCollum, Attorney General, Tallahassee and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.


MAY, J.

The defendant appeals the summary denial of his motion for post conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850. He raises three issues, one of which we find has merit. He argues that the trial court erred in summarily denying the motion, which alleged his counsel had been ineffective in allowing him to be tried in full shackles, without an evidentiary hearing. We agree and reverse.

His motion alleges that his attorney failed...

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