Brown v. State

The defendant appeals the trial court’s denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The defendant’s motion was denied without an evidentiary hearing. We find one ground raised by the defendant may have merit and reverse for an evidentiary hearing.

The offenses the defendant was charged with were committed before October 1, 1983, the effective date of the sentencing guidelines, but the defendant was sentenced after that date. Accordingly, the defendant was entitled to affirmatively select to be sentenced under the guidelines. In re Rules of Criminal…