
    Frederick A. PIERCE, Appellant, v. STATE of Florida, Appellee.
    No. 85-293.
    District Court of Appeal of Florida, Fourth District.
    Nov. 6, 1985.
    Rehearing Denied Dec. 4, 1985.
    Charles W. Musgrove, West Palm Beach, for appellant.
    Jim Smith, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.
   PER CURIAM.

The cause is affirmed without prejudice to the appellant to apply to the trial court for a hearing pursuant to Florida Rule of Criminal Procedure 3.850.

LETTS and DELL, JJ., concur.

WALDEN, J., concurs in part; dissents in part.

WALDEN, Judge,

concurring in part; dissenting in part:

I agree that the matter of ineffective assistance of counsel should be raised via Rule 3.850 proceedings.

I would reverse the action of the trial court which enhanced the defendant’s sentence because the court’s stated reasons do not justify a departure from the guidelines. I would remand for imposition of a sentence within the sentencing guidelines.  