Shelby v. State

Steven Shelby appeals the order denying his timely postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850, in which he raised five grounds for relief. We reverse and remand for further proceedings on only grounds two and three.

On June 5, 2007, Shelby was found guilty of aggravated child abuse and sentenced to fifteen years’ imprisonment. His charge and conviction resulted from the following events: On April 9, 2006, Shelby became angry with his live-in girlfriend’s nine-year-old son, W.W. According to W.W.’s testimony, Shelby put dry rice in two piles on the floor…