State v. Holmes

The State of Florida appeals an order summarily granting Steven Duain Holmes’ motion for postconviction relief, filed pursuant to rule 3.850 of the Florida Rules of Criminal Procedure, without holding an ev-identiary hearing. We reverse.

Holmes was charged by information with attempted second degree murder for cutting the neck/throat of victim Keisha McKay with the blade of a “box cutter.” The trial judge instructed the jury on this charge, and on the lesser included offenses of aggravated battery, aggravated assault, battery, and assault. The jury returned a guilty verdict as to the lesser…