Marquez v. State

District Court of Appeal of Florida

Marquez v. State

692 So. 2d 1006, 1997 Fla. App. LEXIS 4914, 1997 WL 228565

CourtDistrict Court of Appeal of Florida

DecidedMay 7, 1997

DocketNo. 96-3310

StatusPublished

This text of 692 So. 2d 1006 (Marquez 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.

Bluebook

Marquez v. State, 692 So. 2d 1006, 1997 Fla. App. LEXIS 4914, 1997 WL 228565 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

Agustín Marquez appeals an order denying Ms motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

In his motion, Marquez challenged the assessment of victim injury points on Ms grnde-line scoresheet. Although the court held a hearing on the motion, it failed to address or resolve this issue. Based on the record before us, we are unable to accept the state’s contention that any error as to assessment of these points would be harmless because the court would have imposed the same sentence. See Diaz v. State, 667 So.2d 991 (Fla. 3d DCA 1996). Accordingly, we reverse and remand for a hearing addressing the propriety of the assessed victim injury points. See McClendon v. State, 679 So.2d 1255 (Fla. 1st DCA 1996).

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Agustín Marquez appeals an order denying Ms motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

In his motion, Marquez challenged the assessment of victim injury points on Ms grnde-line scoresheet. Although the court held a hearing on the motion, it failed to address or resolve this issue. Based on the record before us, we are unable to accept the state’s contention that any error as to assessment of these points would be harmless because the court would have imposed the same sentence. See Diaz v. State, 667 So.2d 991 (Fla. 3d DCA 1996). Accordingly, we reverse and remand for a hearing addressing the propriety of the assessed victim injury points. See McClendon v. State, 679 So.2d 1255 (Fla. 1st DCA 1996).

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

692 So. 2d 1006, 1997 Fla. App. LEXIS 4914, 1997 WL 228565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marquez-v-state-fladistctapp-1997.

Opinion

Related

Cite This Page — Counsel Stack