Horton v. State

682 So.2d 647 (1996)

David L. HORTON, Appellant,

v.

STATE of Florida, Appellee.

No. 96-795.

District Court of Appeal of Florida, First District.

November 5, 1996.

David L. Horton, Immokalee, Pro Se.

Robert A. Butterworth, Attorney General, and Sonya Roebuck Horbelt, Assistant Attorney General, Tallahassee, for Appellee.

ALLEN, Judge.

The appellant challenges an order by which his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief was denied. Because we conclude that relief should be granted as to the claim that relies upon Ashley v. State, 614 So.2d 486 (Fla. 1993), we reverse…