Crain v. State
This text of 48 So. 3d 927 (Crain v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The appellant appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The appellant asserts that he was sentenced pursuant to an incorrectly calculated scoresheet. The state concedes that he is entitled to be resen-tenced. See State v. Anderson, 905 So.2d 111 (Fla.2005) (“would-have-been imposed” test applies to scoresheet error claims raised in rule 3.850 motions). Thus, we reverse and remand for the appellant to be resentenced pursuant to a correctly calculated scoresheet. We otherwise affirm the summary denial of the appellant’s motion.
AFFIRMED in part, REVERSED in part, and REMANDED for resentencing.
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Cite This Page — Counsel Stack
48 So. 3d 927, 2010 Fla. App. LEXIS 18067, 2010 WL 4722495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crain-v-state-fladistctapp-2010.