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Caban v. State

District Court of Appeal of Florida, Fourth District
Nov 15, 1989
551 So. 2d 613 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-1463.

November 15, 1989.

Appeal of order denying rule 3.850 motion from the Circuit Court for Palm Beach County; James T. Carlisle, Judge.

Jose Caban, Immokalee, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles E. Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.


ON MOTION TO STAY PROCEEDINGS


The motion to stay proceedings filed by appellant is denied. We affirm as to that portion of the circuit court order which denies post-conviction relief on appellant's claim of ineffective assistance of counsel; however, we reverse and remand to the trial court to either attach portions of the record to establish that appellant's sentencing challenge is without merit or to resentence appellant in accordance with the sentencing guidelines.

HERSEY, C.J., and ANSTEAD and POLEN, JJ., concur.


Summaries of

Caban v. State

District Court of Appeal of Florida, Fourth District
Nov 15, 1989
551 So. 2d 613 (Fla. Dist. Ct. App. 1989)
Case details for

Caban v. State

Case Details

Full title:JOSE CABAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 15, 1989

Citations

551 So. 2d 613 (Fla. Dist. Ct. App. 1989)