Weller v. State

BARKDULL, Judge.

This is an appeal from a summary denial of a Rule 3.850 motion. In his motion to vacate the appellant alleged: his sentence was rendered illegal by the opinion in Smith v. State, 537 So.2d 982 (Fla.1988) as he was not permitted to elect between guidelines or preguideline sentencing, and ineffective assistance of trial counsel in that counsel failed to effectively inform him of the difference between guideline and preguideline sentences.

This is the appellant’s fourth Rule 3.850 motion. He pleaded guilty to two counts of second degree murder; attempted first degree murder; and…