Florida District Courts of Appeal, 1989

Caban v. State

Caban v. State
Florida District Courts of Appeal · Decided November 15, 1989 · Anstead, Hersey, Polen
551 So. 2d 613; 14 Fla. L. Weekly 2642; 1989 Fla. App. LEXIS 6381; 1989 WL 136090 (Southern Reporter, Second Series)

Caban v. State

Opinion of the Court

ON MOTION TO STAY PROCEEDINGS

PER CURIAM.

The motion to stay proceedings filed by appellant is denied. We affirm as to that portion of the circuit court order which denies post-conviction relief on appellant’s claim of ineffective assistance of counsel; however, we reverse and remand to the trial court to either attach portions of the record to establish that appellant’s sentencing challenge is without merit or to resen-tence appellant in accordance with the sentencing guidelines.

HERSEY, C.J., and ANSTEAD and POLEN, JJ., concur.

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