Burch v. State

977 So.2d 778 (2008)

Byron BURCH, Appellant,

v.

STATE of Florida, Appellee.

No. 5D07-2832.

District Court of Appeal of Florida, Fifth District.

March 28, 2008.

Byron K. Burch, Sneads, pro se.

Bill McCollum, Attorney General, Tallahassee, and Jeffrey R. Casey, Assistant Attorney General, Daytona Beach, for Appellee.

GRIFFIN, J.

Appellant, Bryon Burch ["Burch"], seeks review of the trial court's summary denial of his rule 3.850 motion for postconviction relief. For the reasons that follow, we conclude that the trial court erred in denying claims one and three without an evidentiary hearing. The trial…