Opinion
No. 85-293.
November 6, 1985. Rehearing Denied December 4, 1985.
Appeal from the Circuit Court for Palm Beach County; Marvin Mounts, Jr., Judge.
Charles W. Musgrove, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.
The cause is affirmed without prejudice to the appellant to apply to the trial court for a hearing pursuant to Florida Rule of Criminal Procedure 3.850.
LETTS and DELL, JJ., concur.
WALDEN, J., concurs in part; dissents in part.
I agree that the matter of ineffective assistance of counsel should be raised via Rule 3.850 proceedings.
I would reverse the action of the trial court which enhanced the defendant's sentence because the court's stated reasons do not justify a departure from the guidelines.
I would remand for imposition of a sentence within the sentencing guidelines.