THOMAS v. STATE

No. 1D03-4120.

882 So.2d 1080 (2004)

Linda Dyanne THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 6, 2004.


Attorney(s) appearing for the Case

Jon H. Gutmacher, Esquire, Orlando, for Appellant.

Charlie Crist, Attorney General; Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.


BENTON, J.

The trial court erred in denying a motion for post-conviction relief Linda Dyanne Thomas filed under Florida Rule of Criminal Procedure 3.850, but only insofar as the motion was denied without an evidentiary hearing on the question of whether her trial counsel provided ineffective assistance at the sentencing hearing. See Fla. R.App. P. 9.141(b)(2)(D) ("On appeal from the denial of relief, unless the record shows conclusively that the appellant is...

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