Stanford v. State

The appellant challenges the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without comment the lower court’s denial of ground one of the appellant’s motion. However, as we find the appellant’s second ground has merit, we reverse and remand for resentencing.

In ground two, the appellant alleges that trial counsel was ineffective for not objecting to the state’s written intent to classify him as a habitual felony offender because it was untimely filed. The habitual felony offender statute states, “[wjritten notice…