Daniels v. State

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

In his motion petitioner alleges that the trial court improperly imposed three consecutive three-year minimum mandatory sentences for his convictions for armed robbery, sexual battery and unauthorized use of a motor vehicle. He contends that the use of the weapon involved in all three offenses arose out of one criminal episode.

The trial court summarily denied petitioner’s motion without attaching portions of the record which conclusively show…