Brown v. State

SALCINES, Judge.

In case number 2D02-4885, James Brown, Jr., appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 in circuit court case number 99-13982. We affirm the trial court’s order without discussion.

However, in case number 2D04-208, we grant Brown’s petition alleging ineffective assistance of appellate counsel arising out of the direct appeal of the judgment and sentence in that same circuit court case number 99-13982. Because Brown’s sentence would have been reversed had the vindictive sentence claim been raised…