Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Willie HUNTER, Appellant, v. STATE of Florida, Appellee.
ON MOTION FOR REHEARING
We grant the state's motion for rehearing and deny its motion for rehearing en banc. We substitute the following for the slip opinion issued on December 5, 2012.
Willie Hunter appeals an order summarily denying his rule 3.850 motion for post-conviction relief. We affirm, but write to address point six of Hunter's multi-point motion where he argues that counsel was ineffective in failing to challenge his conviction of armed burglary of a dwelling with a dangerous weapon “as charged” in the information. The information specified that the deadly weapon involved in each charge was a firearm and alleged that Hunter actually possessed the firearm. However, on a special interrogatory submitted for purposes of the 10–20–Life law, see section 775.087, Florida Statutes, the jury found that Hunter did not actually possess a firearm.
Counsel was not ineffective. In point three of his motion for new trial, counsel argued that the jury's finding that Hunter was guilty of armed burglary of a dwelling with a dangerous weapon “as charged” but that Hunter did not actually possess a firearm were inconsistent. Although Hunter states in his motion for post-conviction relief that he is “not arguing inconsistent verdicts,” we find no material difference between the argument raised in the motion for new trial and the claim raised in point six of Hunter's motion for post-conviction relief.1
Affirmed.
CONNER, J.
POLEN and TAYLOR, JJ., concur. TAYLOR, J., did not serve on the original panel, but she has had the opportunity to review the entire case.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 4D10–2466.
Decided: April 10, 2013
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)