District Court of Appeal of Florida October 19, 2001, No. 2D01-1055 (Upshaw v. State)

SILBERMAN, Judge.

Ronnie Upshaw appeals the summary denial of his Florida Rule of Criminal Pro*909cedure 3.850 motion. We affirm in part and reverse in part.

Upshaw was arrested for possession of cocaine and, based on the arrest, was adjudicated guilty of violation of probation. After Upshaw was sentenced for the violation of probation, the State nolle-prossed the possession charge. In his rule 3.