Kyser v. State

Walter Kyser petitions this court for a writ of prohibition. For the reasons set forth below, we grant the petition.

Kyser was tried and convicted in Bay County and sentenced to death. The conviction was reversed on appeal and remanded for a new trial. Kyser v. State, 588 So.2d 285 (Fla.1988). On remand, venue was transferred to Escambia County. There, Kyser was again convicted and sentenced to life in prison. This court affirmed. Kyser v. State, 576 So.2d 888 (Fla. 1st DCA 1991). Kyser recently filed a motion for postconviction relief in the Circuit Court for Escambia County. The clerk of…