KELLY v. STATE

No. 4D04-4009.

924 So.2d 69 (2006)

Joseph KELLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Opinion Denying Rehearing and Certifying Conflict April 12, 2006.


Attorney(s) appearing for the Case

Fred Haddad of Fred Haddad, P.A., Fort Lauderdale, for appellant.

No appearance required for appellee.


WARNER, J.

Joseph Kelly appeals the summary denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. He claims that he set forth a legally sufficient claim of ineffective assistance of counsel based upon misadvice that the court could stack mandatory minimum sentences for the crimes of conspiracy to traffic cocaine and the actual trafficking of the same cocaine, resulting in a potential sentence of thirty years as opposed...

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