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McNULTY v. STATE

No. 4D08-4695.

16 So.3d 879 (2009)

Thomas M. McNULTY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 1, 2009.

Attorney(s) appearing for the Case

Thomas M. McNulty, Okeechobee, pro se.

Bill McCollum, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Thomas McNulty appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion which alleged ineffective assistance of counsel. McNulty raised several arguments below, only one of which we find necessitates remand.

In April 2006, McNulty was charged with felony DUI and refusing to consent to a breathalyzer/blood test. A jury found him guilty of Count I, the felony DUI, and the state presented a certified copy of McNulty's driving...

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