SIMMONS v. STATE

No. 5D10-1495.

48 So.3d 134 (2010)

Matthew M. SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 19, 2010.


Attorney(s) appearing for the Case

Matthew M. Simmons , Sneads, pro se.

Bill McCollum , Attorney General, Tallahassee and Allison Leigh Morris , Assistant Attorney General, Daytona Beach, for Appellee.


PALMER, J.

Matthew M. Simmons (defendant) appeals the trial court's summary denial of his motion for post-conviction relief filed pursuant to rule 3.850 of the Florida Rules of Criminal Procedure. Determining that the defendant was entitled to receive an evidentiary hearing as to ground one of his motion, we reverse in part.

In ground one of his motion, the defendant stated that his trial counsel was ineffective for failing to inform him, prior to the entry...

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