Binney v. State

Appellant Christopher L. Binney (“Bin-ney”) was convicted of aggravated battery causing great bodily harm, enhanced to a first-degree felony by the use of a firearm. He was sentenced in accordance with his plea to fifteen years in prison as a prison releasee reoffender. On April 1, 2010, he filed a motion pursuant to Florida Rule of Criminal Procedure 3.850, enumerating seven grounds for relief. The lower court summarily denied the motion. Of the numerous assertions of error raised by Bin-ney, we believe that four warrant reversal and remand for further proceedings.

*384First, Binney contends that…