Legal Opinion

Gardner v. State

District Court of Appeal of Florida

Decided March 17, 2010No. 2D08-6198Published

1Opinion of the Court

30 So.3d 629 (2010)

Stephen J. GARDNER, Appellant,

v.

STATE of Florida, Appellee.

No. 2D08-6198.

District Court of Appeal of Florida, Second District.

March 17, 2010.

Noel H. Flasterstein of Law Offices of Noel H. Flasterstein, P.A., Tampa, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Chief Judge.

Stephen J. Gardner appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because we reverse for resentencing on his claim that his…

2Cases cited21 opinions

  1. United States v. DiFrancescoSupreme Court of the United States · 1980
  2. Bozza v. United StatesSupreme Court of the United States · 1947
  3. Ashley v. StateSupreme Court of Florida · 2003
  4. Plowman v. StateDistrict Court of Appeal of Florida · 1991
  5. Delemos v. StateDistrict Court of Appeal of Florida · 2007

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