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Reed v. State

District Court of Appeal of Florida, Fourth District
Jul 5, 2001
789 So. 2d 479 (Fla. Dist. Ct. App. 2001)

Opinion

CASE NO. 4D00-4693

Opinion filed July 5, 2001

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Robert A. Hawley, Judge; L.T. Case No. 96-899 CF.

Carey Haughwout, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Bart Schneider, Assistant Attorney General, West Palm Beach, for appellee.


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.


Summaries of

Reed v. State

District Court of Appeal of Florida, Fourth District
Jul 5, 2001
789 So. 2d 479 (Fla. Dist. Ct. App. 2001)
Case details for

Reed v. State

Case Details

Full title:ANTONIO REED,Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 5, 2001

Citations

789 So. 2d 479 (Fla. Dist. Ct. App. 2001)