Pierce v. State

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.

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.