Porter v. State

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings.

The defendant was charged with a single count of cocaine possession in case number 00-27053, and eight other counts, including attempted first degree murder, burglary, battery, and possession of a firearm by a violent career criminal in case number 00-19732. The defendant was placed on two years’ probation in both cases. In December 2001, the State filed affidavits of violation of probation in both cases, alleging the defendant violated his…