Wimberly v. State

SHIVERS, Senior Judge.

Jeffrey Wimberly has appealed from an order of the trial court denying his motion for post-conviction relief pursuant to Fla. R.Crim.P. 3.850. We reverse and remand for further proceedings.

In August 1984, Wimberly was tried and convicted of possession of contraband in a state correctional institution (a knife), resisting arrest without violence, and battery on a law enforcement officer. This court affirmed the former two convictions, but reversed and remanded as to the latter based on faulty jury instructions. Wimberly v. State, 476 So.2d 272 (Fla. 1st DCA 1985).

In…