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Ely v. State, Case No. 2D08-1627 (Fla. App. 6/12/2009) (Fla. App., 2009)

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RAYMOND BURNS ELY, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D08-1627. District Court of Appeal of Florida, Second District. Opinion filed June 12, 2009.Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Lee County, Thomas S. Reese, Judge. DAVIS, Judge. Raymond Burns Ely challenges the summary denial of his Florida Rule of Criminal Procedure 3.850 motion. We affirm in part, reverse in part, and remand for further proceedings. Ely entered open no contest pleas to aggravated stalking, making harassing telephone calls, and making obscene telephone calls. The trial court sentenced him to five years in prison on the stalking charge and to two days in jail on each of the other charges. He subsequently filed a rule 3...continue to full post

Full post as published by Florida Criminal Law Opinions on June 12, 2009 (boomark / email).