AVILA v. STATE

No. 2D08-1970.

9 So.3d 778 (2009)

Raymond L. AVILA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 5, 2009.


Attorney(s) appearing for the Case

Raymond L. Avila, pro se.

Bill McCollum, Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Chief Judge.

In 2001, Raymond Avila was convicted of burglary with a battery and the additional offense of battery as a lesser included offense of sexual battery. He was sentenced to twenty-five years in prison for the burglary and to a concurrent 364 days for the battery. He filed a timely motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, and he appeals the denial of relief after an evidentiary hearing. We reverse the denial...

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