VANAUKEN v. STATE

No. 5D10-2343.

51 So.3d 1186 (2010)

Frederick VANAUKEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 30, 2010.


Attorney(s) appearing for the Case

Frederick Vanauken , Malone, pro se.

Bill McCollum , Attorney General, Tallahassee, and Bonnie Jean Parrish , Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

We previously remanded this postconviction proceeding after the State conceded error in connection with the summary denial of several claims of ineffective assistance of counsel. After remand, the trial court once again summarily denied Appellant's claims. We reverse in part.

In denying claim four, the trial court stated that: (1) the jury could have arrived at the same conclusion without this evidence, and (2) there was no evidence that the jury...

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