Murphy v. State

869 So.2d 1228 (2004)

Charles Kenneth MURPHY, Appellant,

v.

STATE of Florida, Appellee.

No. 2D03-4304.

District Court of Appeal of Florida, Second District.

March 26, 2004.

VILLANTI, Judge.

Charles Kenneth Murphy appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm three of Murphy's claims without discussion, but we reverse and remand for further proceedings on his fourth claim.

On October 12, 2001, a jury convicted Murphy of grand theft, and the trial court sentenced him as a habitual felony offender (HFO) to…