Dell v. State

Arden Dell has appealed from an order of the trial court summarily denying his motion for post-conviction relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We affirm in part, reverse in part, and remand for attachment of those portions of the record conclusively showing that Dell is entitled to no relief.

Dell pled nolo contendere to robbery and grand theft, and was sentenced as an habitual offender. The instant motion alleges: 1) that the habitual offender statute violates equal protection; 2) ineffectiveness of counsel in failing to raise that argument on appeal; 3)…