ALLEN v. STATE

No. 4D11-2665.

125 So.3d 191 (2013)

Thomas J. ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 23, 2013.


Attorney(s) appearing for the Case

Ashley N. Minton of Fender & Minton, P.A., Fort Pierce (withdrawn), and Thomas J. Allen, Okeechobee, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Jeanine M. Germanowicz , Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Thomas J. Allen appeals an order summarily denying his rule 3.850 motion. We reverse as to his second ground and otherwise affirm.

Defendant was charged with (I) DUI— impairment, with three priors; and (II) refusal to submit to testing, with one prior. Following a jury trial, he was found guilty as charged on both counts.

In the second ground of his motion, he claimed his trial counsel was ineffective for failing to sever the refusal...

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