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HICKS v. STATE

No. 76-267.

336 So.2d 1244 (1976)

Raymond HICKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 17, 1976.

Attorney(s) appearing for the Case

Richard A. Belz, Fla. Legal Services, Inc., Gainesville, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, by Richard P. Zaretsky, Asst. Atty. Gen., West Palm Beach, for appellee.

SMITH, LARRY G., Associate Judge,

Appellant appeals from an order denying his motion for post conviction relief, filed pursuant to Rule 3.850, F.R.Cr.P.

In his motion defendant claims that his 1973 sentence to a term of 25 years for robbery is open to collateral attack because the length of the sentence was based, in part, upon the sentencing judge's assumption that he had twice previously been convicted of robbery; whereas, in fact, he had only one

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