House v. State
This text of 869 So. 2d 1229 (House v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Anthony HOUSE, Jr., Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
VILLANTI, Judge.
Anthony House, Jr., challenges the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, House raised four grounds for relief. Because the trial court failed to address the claim raised in ground four, we reverse and remand on this ground. We affirm grounds one, two and three without comment.
In his motion, House alleged that his trial counsel misadvised him that he would be sentenced, as a youthful offender, to four years in prison and two years of probation. House was actually sentenced to ten years in prison. In its order denying the motion, the trial court mentioned that House raised this issue, but the trial court then failed to address it.
We therefore reverse and remand for further proceedings. If the trial court again summarily denies House's motion, it shall attach those portions of the record which refute his claim.
Affirmed in part; reversed and remanded in part.
STRINGER and KELLY, JJ., Concur.
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869 So. 2d 1229, 2004 WL 593308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/house-v-state-fladistctapp-2004.