Henderson v. State
496 So. 2d 226, 11 Fla. L. Weekly 2251, 1986 Fla. App. LEXIS 10226
District Court of Appeal of Florida·Decided October 23, 1986·No. No. 86-1543·Published·Cited by 2 cases
Opinion
This matter is before the court upon a denial of a motion for post-conviction relief. See Fla.R.Crim.P. 3.850.
Appellant has alleged he was denied effective assistance of counsel at sentencing. He says his lawyer never told him he could be sentenced under the sentencing guidelines and that if so he would be entitled to a lesser sentence. See also Hendrix v. State, 491 So.2d 1172 (Fla. 5th DCA 1986).
Because the allegations are sufficient, we quash the order and remand for an evidentiary hearing and order thereon.
REVERSED and REMANDED.
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Henderson v. State, 496 So. 2d 226, 11 Fla. L. Weekly 2251, 1986 Fla. App. LEXIS 10226 (Fla. Ct. App. 1986).
496 So. 2d 226 (Henderson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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