Legal Opinion

Thomas v. State

District Court of Appeal of Florida

Decided March 21, 2007No. 1D05-2183PublishedCited by 4 opinions

1Per curiam

Appellant appeals the circuit court’s denial of his 3.850 motion for post-conviction relief. We find merit in appellant’s argument that the circuit court erred when it granted appellant an evidentiary hearing, but failed to make findings of fact and conclusions of law respecting the evidence and argument presented at said hearing. We affirm, without comment, as to each of appellant’s other claims on appeal.

In the 3.850 motion, filed below, appellant alleged his trial counsel was ineffec-*57five for failing to request an accomplice jury instruction. The circuit court granted appellant an…

2Cases cited3 opinions

  1. Jones v. StateSupreme Court of Florida · 1999
  2. Dillbeck v. StateSupreme Court of Florida · 2004
  3. Kornegay v. StateDistrict Court of Appeal of Florida · 2002

3Cited by4 opinions

  1. Hunter v. StateDistrict Court of Appeal of Florida · 2012
  2. McQuitter v. StateDistrict Court of Appeal of Florida · 2012
  3. Shields v. StateDistrict Court of Appeal of Florida · 2011
  4. Schultheis v. StateDistrict Court of Appeal of Florida · 2011

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