ANTONIO REED, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2001-07-05
No. 4D00-4693
FARMER, STEVENSON and SHAHOOD, JJ., concur.
789 So. 2d 479 Florida District Court of Appeal, Fourth District (2001) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

[*480] PER CURIAM.

We reverse the trial court’s orders on defendant’s motion for post conviction relief under rule 3.850. As to the resentencing under the Heggs issue, the trial judge erred in failing to give defendant credit for prison time served between the original sentencing and the resentencing. Goodman v. State, 683 So. 2d 173 (Fla. 4th DCA 1996). Additionally, the trial court failed either to conduct an evidentiary hearing on the ineffective assistance of counsel claims or, instead, attach portions of the record conclusively showing that defendant is entitled to no such relief. See Fla. R.Crim. P. 3.850(d).

FARMER, STEVENSON and SHAHOOD, JJ., concur.

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  • Massie v. State, 947 So. 2d 1189 (Fla. 1st DCA 2007)
    …PRR sentence serves as a minimum mandatory. See Grant v. State, 770 So. 2d 655 (Fla.2000). However, the HVFO sentence must be longer than the PRR sentence, as equal concurrent sentences are in violation of the PRR Act. Id. at 659; Alvarez v. State, 789 So. 2d 479 (Fla. 4th DCA 2001). The trial court did not provide record attachments refuting appellant’s claim. The summary denial of the motion was, therefore, improper. See Tompkins v. State, 872 So. 2d 230, 238 (Fla.2003); Fla. R.Crim. P. 3.850(d). We, a…

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