JESSIE HENDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1986-10-23
No. 86-1543
COBB and SHARP, JJ., concur.
496 So. 2d 226 Florida District Court of Appeal, Fifth District (1986) Positive Treatment
Cited by 4 cases
Opinion of the Court
DAUKSCH, Judge.

[*227] DAUKSCH, Judge.

This matter is before the court upon a denial of a motion for post-conviction relief. See Fla.R.Crim.P. 3.850.

Appellant has alleged he was denied effective assistance of counsel at sentencing. He says his lawyer never told him he could be sentenced under the sentencing guidelines and that if so he would be entitled to a lesser sentence. See also Hendrix v. State, 491 So. 2d 1172 (Fla. 5th DCA 1986).

Because the allegations are sufficient, we quash the order and remand for an evidentiary hearing and order thereon.

REVERSED and REMANDED.

COBB and SHARP, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Henderson v. State, 504 So. 2d 54 (Fla. 5th DCA 1987)
    …f so he would be entitled to a lesser sentence. See also Hendrix v. State, 491 So. 2d 1172 (Fla. 5th DCA 1986). Because the allegations are sufficient, we quash the order and remand for an evidentiary hearing and order thereon. Henderson v. State, 496 So. 2d 226 (Fla. 5th DCA 1986). The reason no hearing was granted was because the judge said he would depart from the recommended guidelines sentence even if appellant élected a guideline sentence. Maybe so, but this court ordered a hearing to determine wheth…
  • Erwin Ernesto Brewen v. State, 542 So. 2d 422 (Fla. 4th DCA 1989)
    …PER CURIAM. Reversed and remanded for an evidentia-ry hearing on the authority of Henderson v. State, 496 So. 2d 226 (Fla. 5th DCA 1986). [*423] ANSTEAD and GLICKSTEIN, JJ., concur. WALDEN, J., dissents without opinion.…

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