ROLON v. STATE

No. 2D09-4809.

72 So.3d 238 (2011)

David ROLON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 12, 2011.


Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Joseph M. Bernstein , Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Donna S. Koch , Assistant Attorney General, Tampa, for Appellee.


VILLANTI, Judge.

After a jury convicted David Rolon of second-degree murder with a firearm, the trial court sua sponte granted him a new trial based on the ineffective assistance of his original trial counsel.1 Despite its explicit finding that trial counsel provided ineffective assistance during the direct and cross-examination of Rolon at his first trial, the trial court nevertheless allowed the State to use Rolon's testimony from his...

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