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Osteen v. State, Case No. 2D08-1351 (Fla. App. 7/22/2009) (Fla. App., 2009)

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ROBERT LEE OSTEEN, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D08-1351. District Court of Appeal of Florida, Second District. Opinion filed July 22, 2009.Appeal from the Circuit Court for Highlands County, Olin W. Shinholser, Judge. Robert Lee Osteen, pro se. Bill McCollum, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee. FULMER, Judge. Robert Lee Osteen appeals from the order denying his motion for postconviction relief after evidentiary hearing. We reverse and remand for a new evidentiary hearing because the trial court abused its discretion in denying Osteen’s request for appointed counsel. We also reverse the summary denial of Ground Two and direct that Osteen be given an evidentiary hearing on this claim...continue to full post

Full post as published by Florida Criminal Law Opinions on July 22, 2009 (boomark / email).