Eubanks v. State

Jay Eubanks timely challenges the summary denial of his rule 3.850(a) motion for postconviction relief. In his motion, Eu-banks raised two claims for relief; we find one of the claims legally sufficient and thus reverse the summary denial of his postcon-viction motion.

After a jury trial, Eubanks was convicted of grand theft of a motor vehicle and resisting arrest without violence and sentenced to ten years prison for the grand theft count and one year county jail for the misdemeanor count. On direct appeal, his conviction and sentence were affirmed by this court. See Eubanks v. State, 784…