Behrens v. State

In this appeal from the summary denial of his motion for postconviction relief pursuant to rule 3.850, appellant challenges the summary denial of eight of his twenty claims of trial counsel ineffectiveness. We affirm as to all claims and write to address a sentencing issue.

During sentencing, appellant’s trial counsel did not object to his upward departure sentence for armed sexual battery and burglary with a battery based upon two prior convictions for armed burglary which were already considered in the calculation of his presumptive guidelines sentence. Appellant claims this was ineffective…