District Court of Appeal of Florida August 30, 2004, No. 1D03-4120 (Thomas v. State)

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.