TOMMY A. THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TOMMY A. THOMAS, APPELLANT,
STATE OF FLORIDA, APPELLEE
740 So. 2d 3
Florida District Court of Appeal, First District (1999)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We reverse and remand for the appointment of counsel and a new evidentiary hearing on Appellant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Graham v. State, 372 So. 2d 1363 (Fla. 1979).
BARFIELD, C.J., LAWRENCE and BROWNING, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Marese Barnes v. State, 779 So. 2d 366 (Fla. 2d DCA 2000)…nstituted ineffective assistance of counsel. Had appellate counsel raised the issue, this court would have remanded for resentencing in accordance with the valid laws in effect on the date Barnes committed his offenses. See, e.g., Williams v. State, 740 So. 2d 3 (Fla. 2d DCA 1999)(re-versing violent career criminal sentence based on Thompson and remanding for resentencing). This court therefore will not require Barnes to file a new appeal. Instead, we grant relief in accordance with this order. Petition gr…
Authorities Cited
- The Petition of Andrew A. Graham v. State, 372 So. 2d 1363 (Fla. 1979)