Opinion
CASE NO. 4D00-4693
Opinion filed July 5, 2001
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Robert A. Hawley, Judge; L.T. Case No. 96-899 CF.
Carey Haughwout, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Bart Schneider, Assistant Attorney General, West Palm Beach, for appellee.
We reverse the trial court's orders on defendant's motion for post conviction relief under rule 3.850. As to the resentencing under the Heggs issue, the trial judge erred in failing to give defendant credit for prison time served between the original sentencing and the resentencing. Goodman v. State, 683 So.2d 173 (Fla. 4th DCA 1996). Additionally, the trial court failed either to conduct an evidentiary hearing on the ineffective assistance of counsel claims or, instead, attach portions of the record conclusively showing that defendant is entitled to no such relief. See Fla. R. Crim. P. 3.850(d).
FARMER, STEVENSON and SHAHOOD, JJ., concur.