5D08-2995 Frederick Vanauken v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D08-2995

Case Date: 01/26/2009

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2009

FREDERICK VANAUKEN, Appellant, v. STATE OF FLORIDA, Appellee. _______________________________/ Opinion filed January 30, 2009 3.850 Appeal from the Circuit Court for Hernando County, Stephen Rushing, Judge. Mark D. Rodriguez, of Law Office of Mark D. Rodriguez, Inverness, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Frederick Vanauken appeals from the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The State appropriately concedes error as to claims 4, 5, 11, and 12. On remand, the trial court shall attach to its order portions of the record conclusively refuting these claims or, alternatively, conduct an evidentiary hearing. The remainder of the trial court's order is affirmed. AFFIRMED, in part; REVERSED, in part; REMANDED. GRIFFIN, LAWSON and EVANDER, JJ., concur. Case No. 5D08-2995

Download 5D08-2995 Frederick Vanauken v. State.pdf