PENN v. STATE

No. 1D06-1705.

941 So.2d 466 (2006)

James PENN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 31, 2006.


Attorney(s) appearing for the Case

James Penn, pro se, Appellant.

Charlie Crist, Attorney General, Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

This is an appeal from the trial court's summary denial of the appellant's motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the trial court erred by denying the appellant's claim that counsel was ineffective for failing to object to the imposition of a habitual felony offender sentence on the charge of possession of a controlled substance with the intent to sell, we reverse. We affirm all other issues...

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