Cribbs v. State

978 So.2d 828 (2008)

Simon CRIBBS, Appellant,

v.

STATE of Florida, Appellee.

No. 2D07-3296.

District Court of Appeal of Florida, Second District.

March 14, 2008.

CANADY, Judge.

Simon Cribbs appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the postconviction court's denial of claim two without comment but reverse the denial of claim one and remand for resentencing.

Cribbs claimed that his sentence of fifteen years' prison with a ten-year mandatory minimum as a violent career criminal (VCC) on his conviction for battery on a law…