BEHRENS v. STATE

No. 4D08-3291.

2 So.3d 391 (2009)

Ernesto BEHRENS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 9, 2009.


Attorney(s) appearing for the Case

Ernesto Behrens, Century, pro se.

Bill McCollum, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

In this appeal from the summary denial of his motion for postconviction relief pursuant to rule 3.850, appellant challenges the summary denial of eight of his twenty claims of trial counsel ineffectiveness. We affirm as to all claims and write to address a sentencing issue.

During sentencing, appellant's trial counsel did not object to his upward departure sentence for armed sexual battery and burglary with...

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