Bautista v. State

The defendant appeals an order denying his motion for postconviction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. He was convicted of six counts of lewd battery, two counts of lewd molestation, and various other offenses. The trial court imposed sixty (60) year concurrent terms. The defendant timely filed a rule 3.850 motion. The trial court summarily denied one of the defendant’s claims, and held an evidentiary hearing to address others. We affirm on all but one point.

We accept the state’s concession that the case must be remanded for resentencing since the…