BRYANT LEWIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2002-05-01
No. 3D01-357
Before COPE, LEVY, and RAMIREZ, JJ.
814 So. 2d 539 Florida District Court of Appeal, Third District (2002) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

[*540] PER CURIAM.

In view of the fact that the record demonstrates that the appellant met his burden under the applicable case law, including Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), appellant should have prevailed after the hearing on his motion to vacate filed pursuant to Rule 8.850 of the Florida Rules of Criminal Procedure. Accordingly, the denial of the said motion is reversed and this cause is remanded to the trial court with directions to grant defendant’s said motion for post-conviction relief.

Reversed.

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Cited By

  • Singleton v. State, 820 So. 2d 404 (Fla. 3d DCA 2002)
    …court’s finding that, the defendant violated probation by failing to pay the cost of supervision. Next, as the State properly concedes, the written order revoking probation must conform to the trial court’s oral pronouncements. See Leiva v. State, 814 So. 2d 539 (Fla. 3d DCA 2002); Sellers v. State, 793 So. 2d 1148 (Fla. 3d DCA 2001); Jefferson v. State, 732 So. 2d 408 (Fla. 3d DCA 1999). Therefore, this cause is remanded for entry of a corrected order striking the trial court’s findings that the defendant…
  • Dillard v. State, 855 So. 2d 1152 (Fla. 3d DCA 2003)
    …s probation. We affirm the order revoking his probation but remand for correction of the written order. As the State properly concedes, the written order revoking probation must conform to the trial court’s oral pronouncements. See Leiva v. State, 814 So. 2d 539 (Fla. 3d DCA 2002); Sellers v. State, 793 So. 2d 1148 (Fla. 3d DCA 2001). Therefore, this cause is remanded for entry of a corrected order striking the trial court’s finding that the defendant violated his probation by failing four drug tests. Aff…

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