Florida District Courts of Appeal, 1985

Pierce v. State

Pierce v. State
Florida District Courts of Appeal · Decided November 6, 1985 · Dell, Letts, Walden
478 So. 2d 422; 10 Fla. L. Weekly 2487; 1985 Fla. App. LEXIS 16577 (Southern Reporter, Second Series)

Pierce v. State

Opinion of the Court

PER CURIAM.

The cause is affirmed without prejudice to the appellant to apply to the trial court for a hearing pursuant to Florida Rule of Criminal Procedure 3.850.

LETTS and DELL, JJ., concur. WALDEN, J., concurs in part; dissents in part.

Concurring in Part

WALDEN, Judge,

concurring in part; dissenting in part:

I agree that the matter of ineffective assistance of counsel should be raised via Rule 3.850 proceedings.

I would reverse the action of the trial court which enhanced the defendant’s sentence because the court’s stated reasons do not justify a departure from the guidelines. *423I would remand for imposition of a sentence within the sentencing guidelines.

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