Morris v. State

In my view, the trial court erred in denying Morris’ motion for post-judgment relief pursuant to Florida Rule of Criminal Procedure 3.850 without either conducting an evidentiary hearing on the issue of ineffective assistance of counsel at sentencing, or attaching portions of the record which conclusively refute Morris’ allegations.

Morris alleged he received an improper sentence because of incompetent advice of counsel. His attorney opted to have him sentenced under the pre-guidelines law.1 The offense for which Morris was convicted occurred before the effective date of the guidelines, but he…