McKoy v. State

District Court of Appeal of Florida

McKoy v. State

823 So. 2d 205, 2002 Fla. App. LEXIS 10338, 2002 WL 1625542

CourtDistrict Court of Appeal of Florida

DecidedJuly 24, 2002

DocketNo. 4D01-2243

StatusPublished

This text of 823 So. 2d 205 (McKoy 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

McKoy v. State, 823 So. 2d 205, 2002 Fla. App. LEXIS 10338, 2002 WL 1625542 (Fla. Ct. App. 2002).

Pincite

Opinion

PER CURIAM.

Tyrus McKoy appeals from a trial court order which summarily denied his rule 3.850 motion for post-conviction relief. Based upon our review of the record and the state’s confession of error, we reverse only that portion of the order which denied appellant’s Heggs challenge to sentences imposed on his convictions for robbery (count II) and burglary (count III). As to these claims, we remand for attachments [206]*206of portions of the record refuting appellant’s Heggs challenge or for re-sentencing under the 1994 guidelines. We affirm the trial court’s order in all other respects.

AFFIRMED in part, REVERSED in part and REMANDED.

POLEN, C.J., GUNTHER and TAYLOR, JJ., concur.

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

PER CURIAM.

Tyrus McKoy appeals from a trial court order which summarily denied his rule 3.850 motion for post-conviction relief. Based upon our review of the record and the state’s confession of error, we reverse only that portion of the order which denied appellant’s Heggs challenge to sentences imposed on his convictions for robbery (count II) and burglary (count III). As to these claims, we remand for attachments [206]*206of portions of the record refuting appellant’s Heggs challenge or for re-sentencing under the 1994 guidelines. We affirm the trial court’s order in all other respects.

AFFIRMED in part, REVERSED in part and REMANDED.

POLEN, C.J., GUNTHER and TAYLOR, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

823 So. 2d 205, 2002 Fla. App. LEXIS 10338, 2002 WL 1625542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckoy-v-state-fladistctapp-2002.