STOREY v. STATE

No. 2D08-2811.

32 So.3d 105 (2009)

Bernard A. STOREY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 14, 2009.


Attorney(s) appearing for the Case

Joseph F. McDermott and J. Andrew Crawford of McDermott Law Firm, P.A., St. Pete Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.


CRENSHAW, Judge.

Bernard A. Storey appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without comment the denial of all but one of his claims. Because Storey's claim that his violation of probation admission was involuntary due to his mental illness is not conclusively refuted by the record, we remand for an evidentiary hearing.

In 2005, Storey was charged with aggravated assault...

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