KEVIN A. EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KEVIN A. EDWARDS, APPELLANT,
STATE OF FLORIDA, APPELLEE
648 So. 2d 326
Florida District Court of Appeal, Fifth District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
There is no error in the lower court’s order rejecting claims one, two or three of appellant’s application for relief pursuant to Florida Rule of Criminal Procedure 3.850. The court’s ruling on grounds four and five relies on the transcript of the sentencing hearing, which is not attached to the order. Accordingly, we remand for the lower court to either attach the pertinent portions of the record or to conduct a hearing.
REVERSED in part and REMANDED.
HARRIS, C.J., and DAUKSCH and GRIFFIN, JJ., concur.
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Freeman v. State, 683 So. 2d 1156 (Fla. 5th DCA 1996)…is third Rule 3.850 motion for post-conviction relief. After his conviction and sentence for sexual battery as an habitual offender was affirmed on appeal, Freeman filed his first Rule 3.850 motion. It was affirmed without opinion. Freeman v. State, 648 So. 2d 326 (Fla. 5th DCA 1995). His second Rule 3.850 motion was affirmed per curiam, as successive. Freeman v. State, 669 So. 2d 1068 (Fla. 5th DCA 1996). We likewise affirm this third Rule 3.850 proceeding. It is successive. See Helms v. State, 659 So. 2d…
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