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Criminal Law

: Florida Criminal Law Opinions

Whitted v. State

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KELLY V. WHITTED, Appellant, v. STATE OF FLORIDA, Appellee.No. 4D08-2354 District Court of Appeal of Florida, Fourth District. October 1, 2008. Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Michael L. Gates, Judge, L.T. Case Nos. 04-12724 CF10A and 04-14414 CF10A. Kelly V. Whitted, Belle Glade, pro se. No appearance required for appellee. WARNER, J. The appellant pled guilty and was sentenced on charges of aggravated assault with a deadly weapon and carrying a concealed weapon by a convicted felon. He filed a motion for postconviction relief claiming that his counsel was ineffective for failing to file a motion to dismiss both charges on the basis that the knife he possessed had only a four-inch blade and could not be considered a deadly weapon nor had it been used or displayed in such a way as to classify it as a deadly weapon...continue to full post

Full post as published by Florida Criminal Law Opinions on October 01, 2008 (boomark / email).

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