Cunningham v. State

SALCINES, Judge.

Bruce Cunningham appeals the denial of his motion to correct a sentencing error filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). In the motion Cunningham raised two issues: (1) the trial court failed to follow this court’s mandate on remand from the direct appeal of his sentence, and (2) the trial court failed to follow proper formalities when it imposed the habitual offender sentence. We reverse and remand for further proceedings.

*628In Cunningham v. State, 818 So.2d 685 (Fla. 2d DCA 2002), this court directed the trial court to conduct a hearing and to make a…