MANUEL FERNANDEZ, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1985-09-13
No. 85-109
RYDER, C.J., and SCHEB and DAN-AHY, JJ., concur.
475 So. 2d 296 Florida District Court of Appeal, Second District (1985) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse with directions that the sentences in this case be modified to reflect that they are not guideline sentences. Hart v. State, 464 So. 2d 592 (Fla. 2d DCA 1985). The judgment and sentences are affirmed in all other respects.

RYDER, C.J., and SCHEB and DAN-AHY, JJ., concur.


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    …in a Rule 3.850 proceeding, but rather should be raised in a habeas corpus proceeding before the court which considered the appeal. See Smith v. State, 400 So. 2d 956 (Fla.1981); Romano v. State, 491 So. 2d 1188 (Fla. 4th DCA 1986); Bailey v. State, 475 So. 2d 296 (Fla. 2d DCA 1985). Since the defendant specifically conceded that the errors raised were properly preserved for appellate review by trial counsel, there is no claim of ineffective assistance of trial counsel. Clearly, the five issues raised are iss…
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