00-3321 WOODS V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 00-3321 WOODS V. STATE

Case Date: 11/28/2001

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2001

DAVID WOODS,

** **

Appellant, ** vs. ** THE STATE OF FLORIDA, ** Appellee. LOWER TRIBUNAL NO. 95-22610 ** CASE NO. 3D00-3321

Opinion filed November 28, 2001.

Dade

An Appeal from a final order from the Circuit Court from County, Leslie B. Rothenberg, Judge.

Sale & Kuehne, Benedict P. Kuehne and Susan Dmitrovsky, for appellant. Robert A. Butterworth, Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee.

Before JORGENSON, LEVY, and GODERICH, JJ.

PER CURIAM.

The defendant, David Woods, appeals from an order denying his motion for post-conviction relief after an evidentiary

hearing.

Although the defendant raises several issues, we find

that the only one that has merit is the defendant's claim that the trial court improperly precluded him from presenting

evidence regarding his allegation of ineffective assistance of trial counsel arising from an undisclosed conflict.

Accordingly, we reverse for a limited evidentiary hearing on that issue. Affirmed, in part; reversed, in part, and remanded for further proceedings consistent with this opinion.

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