Baity v. State

Full title: DAVID BAITY, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Nov 6, 2000

770 So. 2d 1255 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 1D00-0434.

Opinion filed November 6, 2000.

An appeal from the Circuit Court for Leon County, Janet E. Ferris, Judge.

Appellant pro se.

Robert A. Butterworth, Attorney General; James W. Rogers, Tallahassee Bureau Chief; Elizabeth Fletcher Duffy, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We reverse the order denying David Baity's post-conviction motion and remand for appointment of counsel and a new evidentiary hearing. See Williams v. State, 472 So.2d 738 (Fla. 1985); Graham v. State, 372 So.2d 1363 (Fla. 1979); Rogers v. State, 702 So.2d 607 (Fla. 1st DCA 1997).

Wolf and Benton, JJ., Concur; Joanos, J., Dissents.