Turnage v. State

Darrel Turnage challenges the trial court’s summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Turnage raises four grounds for relief, only one of which has merit. We reverse and remand for further proceedings on his fourth claim that his counsel was ineffective for failing to object to a sentence he contends is illegal due to an improper upward departure. We affirm Turnage’s remaining claims without discussion.

In its response below, the state contends that Turnage’s claim was properly denied because it should have been raised on…