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Earle v. State

District Court of Appeal of Florida, Fourth District
Jun 11, 2003
851 So. 2d 742 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 4D02-4093.

Opinion filed June 11, 2003.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Peter M. Weinstein, Judge; L.T. Case No. 95-21175 CF10A.

Fred Haddad of Fred Haddad, P.A., Fort Lauderdale, and Scott Earle, Indiantown, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.


Scott Earle challenges an order that denied his rule 3.850 motion for postconviction relief. We reverse and remand for the trial court to conduct an evidentiary hearing to address Earle's sentences in light ofState v. Klayman, 835 So.2d 248 (Fla. 2002); State v. Travis, 808 So.2d 194 (Fla. 2002); Hayes v. State, 750 So.2d 1 (Fla. 1999); see also DeFreis v. State, 814 So.2d 1166 (Fla. 4th DCA 2002). We find no error with the trial court's disposition of Earle's other claims.

POLEN, C.J., SHAHOOD and MAY, JJ., concur.

NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.


Summaries of

Earle v. State

District Court of Appeal of Florida, Fourth District
Jun 11, 2003
851 So. 2d 742 (Fla. Dist. Ct. App. 2003)
Case details for

Earle v. State

Case Details

Full title:SCOTT EARLE, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 11, 2003

Citations

851 So. 2d 742 (Fla. Dist. Ct. App. 2003)