WARD v. STATE

No. 3D05-412.

914 So.2d 982 (2005)

Darwin WARD, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 7, 2005.


Attorney(s) appearing for the Case

Kenneth P. Speiller, for appellant.

Charles J. Crist, Jr., Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee.

Before COPE, C.J., and SHEPHERD, and ROTHENBERG, JJ.


SHEPHERD, J.

Darwin Ward appeals the trial court's order denying his motion to vacate his conviction and sentence and seeks a new trial pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure. We reverse and remand for further proceedings.

On direct appeal of the appellant's conviction for sale of cocaine, we affirmed stating that "the errors alleged were not fundamental and no timely objections were made...

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