Fain v. State

Gary Fain challenges the summary denial of his motion for. postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

This case has a long ánd complex history that, hopefully, is unique. In an earlier appeal, having failed to recognize the same sentencing issue that Fain raises herein, we reversed an order denying Fain’s motion to correct an illegal sentence. See Fain v. State, 780 So.2d 285 (Fla. 2d DCA 2001). Fain was unrepresented in that proceeding, and we did not obtain input from the State. • Regrettably, our instructions on remand in that appeal were…