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Victory v. State

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  BRIAN VICTORY, Appellant, v. STATE OF FLORIDA, Appellee.  Case No. 5D07-3491.   District Court of Appeal of Florida, Fifth District.   Opinion filed May 16, 2008.           3.850 Appeal from the Circuit Court for Orange County, Frank N. Kaney, Senior Judge.         Brian A. Victory, Bristol, pro se.         Bill McCollum, Attorney General, Tallahassee, and Carlos A. Ivanor, Jr., Assistant Attorney General, Daytona Beach, for Appellee.         MONACO, J.         The appellant, Brian Victory, appeals the summary denial of his rule 3.850 motion and amended motion for post-conviction relief. We affirm the denial of relief on all grounds except the first ground in which Mr. Victory alleged that his counsel was inadequate because he failed to request an in camera hearing regarding the admissibility of prior sexual contact between the victim and her six year old brother for use as an alternative theory of innocence...continue to full post

Full post as published by Florida Criminal Law Opinions on May 16, 2008 (boomark / email).