Cherry v. State

Sam Cherry has appealed from an order of the trial court summarily denying his motion for post-conviction relief, filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We reverse and remand for further proceedings under the rule.

In December 1989, Cherry pled nolo con-tendere to dealing in stolen property in return for a nine year sentence as an habitual offender. He appealed to this court, challenging the constitutionality of the habitual offender statute; the court affirmed without opinion. Cherry v. State, 581 So.2d 1312 (Fla. 1st DCA 1991). In March 1991, Cherry filed the…