Jones v. State

SHIVERS, Chief Judge.

Jones appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We affirm in part and reverse in part.

Jones’ 3.850 motion alleges (1) Jones was improperly habitualized because the trial judge did not show an enhancement is necessary for the protection of the public, and (2) the trial judge added probation conditions to the written order which were not pronounced in open court. The motion was summarily denied solely because Jones had entered into a plea agreement requiring habitualization.

We affirm the trial court’s denial…