Cravey v. State

District Court of Appeal of Florida

Cravey v. State

512 So. 2d 309, 12 Fla. L. Weekly 2224, 1987 Fla. App. LEXIS 9426

CourtDistrict Court of Appeal of Florida

DecidedSeptember 11, 1987

DocketNo. 87-1786

StatusPublished

Cited by1 cases

This text of 512 So. 2d 309 (Cravey 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.

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Cravey v. State, 512 So. 2d 309, 12 Fla. L. Weekly 2224, 1987 Fla. App. LEXIS 9426 (Fla. Ct. App. 1987).

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Opinion

SCHEB, Judge.

Wayne M. Cravey appeals from the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Cravey states that he pleaded guilty to sexual battery and was sentenced to ten years in prison followed by fifteen years’ probation. He now calculates his score under the sentencing guidelines and concludes his presumptive guidelines sentence should have been from five and one-half to seven years. Cravey contends the trial court sentenced him without a scoresheet and without otherwise knowing the recommended guidelines sentence.

If Cravey’s allegation on this point is true, he may be entitled to relief as outlined in Schneider v. State, 512 So.2d 308 (Fla. 2d DCA 1987). We find no merit to his remaining contentions.

We reverse the trial court’s summary denial and remand for further proceedings in accordance with Schneider.

DANAHY, C.J., and RYDER, J., concur.

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SCHEB, Judge.

Wayne M. Cravey appeals from the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Cravey states that he pleaded guilty to sexual battery and was sentenced to ten years in prison followed by fifteen years’ probation. He now calculates his score under the sentencing guidelines and concludes his presumptive guidelines sentence should have been from five and one-half to seven years. Cravey contends the trial court sentenced him without a scoresheet and without otherwise knowing the recommended guidelines sentence.

If Cravey’s allegation on this point is true, he may be entitled to relief as outlined in Schneider v. State, 512 So.2d 308 (Fla. 2d DCA 1987). We find no merit to his remaining contentions.

We reverse the trial court’s summary denial and remand for further proceedings in accordance with Schneider.

DANAHY, C.J., and RYDER, J., concur.

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512 So. 2d 309, 12 Fla. L. Weekly 2224, 1987 Fla. App. LEXIS 9426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cravey-v-state-fladistctapp-1987.

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