Horton v. State

976 So.2d 686 (2008)

Michael S. HORTON, Appellant,

v.

STATE of Florida, Appellee.

No. 2D07-1786.

District Court of Appeal of Florida, Second District.

March 19, 2008.

CANADY, Judge.

Michael S. Horton appeals the denial of his sworn motion for postconviction relief which was filed within two years after his judgment and sentence became final. We reverse.

In his motion, Horton presented a claim based on circumstances that differ in no material respect from those presented in Eblin v. State, 743 So.2d 94 (Fla. 2d DCA 1999). In Eblin, the postconviction motion was predicated on events at a sentencing…