Buford v. State

496 So. 2d 158, 11 Fla. L. Weekly 1938, 1986 Fla. App. LEXIS 9579
District Court of Appeal of Florida·Decided September 10, 1986·No. No. 4-86-1228·Published·Cited by 2 cases

Opinion

PER CURIAM. •

Appellant appeals from a trial court order denying his motion for post-conviction relief.

Appellant is entitled to an evidentiary hearing on the factual issue of whether counsel adequately informed him of his right affirmatively to elect sentencing under the guidelines. See Turner v. State, 454 So.2d 803 (Fla. 4th DCA 1984). We remand for such a hearing.

Whether the trial court should alter its action on appellant’s motion for post-conviction relief will hinge on the outcome of that hearing.

GLICKSTEIN and WALDEN, JJ., concur. LETTS, J., dissents without opinion.

Free access — add to your briefcase to read the full text and ask questions with AI

Buford v. State, 496 So. 2d 158, 11 Fla. L. Weekly 1938, 1986 Fla. App. LEXIS 9579 (Fla. Ct. App. 1986).

496 So. 2d 158 (Buford v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Hyer v. State
501 So. 2d 189 (District Court of Appeal of Florida, 1987)
ACCENT REALTY v. Crudele
496 So. 2d 158 (District Court of Appeal of Florida, 1986)