Pierce v. State

Todd Pierce appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850, in which he raised two grounds for relief. We reverse and remand for further proceedings on ground one and affirm without comment on ground two.

Mr. Pierce was convicted of lewd and lascivious battery that occurred in September 2001 (count one) and lewd and lascivious molestation that occurred in November 2001 (count two). See § 800.04(4), (5)(a), Fla. Stat. (2001). The trial court imposed concurrent sentences of ten years’ imprisonment followed by five years’ sex offender probation…