07-5022 EDDIE D. FORD v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-5022

Case Date: 08/04/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

EDDIE D. FORD, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/

CASE NO. 1D07-5022

Opinion filed August 4, 2008. An appeal from Circuit Court for Leon County. Kathleen F. Dekker, Judge. Eddie D. Ford, pro se, Appellant. Bill McCollum, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. The appellant challenges the postconviction court's order summarily denying his motion alleging ineffective assistance of counsel filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court's order indicated that rule 3.850

motions do not apply to probation revocation proceedings. The postconviction court is incorrect and an appellant may raise ineffective assistance of counsel at a probation revocation proceeding. See Ganey v. State, 33 Fla. L. Weekly D773 (Fla. 1st DCA March 18, 2008). The state concedes that the postconviction court erroneously denied this motion and failed to address the merits or attach record portions to conclusively refute the appellant's allegations. We, therefore, reverse and remand the postconviction court's summary denial of the appellant's motion in order to address the claims on the merits. REVERSED AND REMANDED. BROWNING, C.J., WOLF and WEBSTER, JJ., CONCUR.

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