Gifford v. State

Gifford appeals from the trial court’s summary denial of his motion for post-conviction relief filed pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure. We reverse and remand for further proceedings.

Gifford was convicted and sentenced for the commission of four armed robberies and one aggravated assault. He complains that he received four consecutive three-year minimum mandatory sentences in violation of Palmer v. State, 438 So.2d 1 (Fla.1983).

This court has previously stated that Palmer violations may be addressed by a motion filed pursuant to Rule 3.850. Lewis v. State, 502…