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Mcnulty v. State, No. 4D08-4695 (Fla. App. 7/1/2009) (Fla. App., 2009)

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THOMAS M. MCNULTY, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-4695 District Court of Appeal of Florida, Fourth District July 1, 2009 Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, John J. Murphy, III, Judge, L.T. Case No. 06-5015 CF10A. Thomas M. McNulty, Okeechobee, pro se. Bill McCollum, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee. Per Curiam Thomas McNulty appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion which alleged ineffective assistance of counsel. McNulty raised several arguments below, only one of which we find necessitates remand. In April 2006, McNulty was charged with felony DUI and refusing to consent to a breathalyzer/blood test...continue to full post

Full post as published by Florida Criminal Law Opinions on July 01, 2009 (boomark / email).