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Horton v. State

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MICHAEL S. HORTON, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D07-1786 COURT OF APPEAL OF FLORIDA, SECOND DISTRICT March 19, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED PRIOR HISTORY:    [*1] Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; J. Thomas McGrady, Judge. JUDGES:   CANADY, Judge. ALTENBERND and VILLANTI, JJ., concur. OPINION BY:   CANADY OPINION   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...continue to full post

Full post as published by Florida Criminal Law Opinions on March 19, 2008 (boomark / email).