Oliver v. State

164 So. 3d 741, 2015 Fla. App. LEXIS 7720, 2015 WL 2431731

Opinion

NORTHCUTT, Judge.

Thomas Oliver was convicted and sentenced for conspiring to traffic in amphetamine and for trafficking in amphetamine. This court affirmed his sentences and convictions on direct appeal. Oliver v. State, 12 So.3d 230 (Fla. 2d DCA 2009) (table decision). Oliver then sought postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. After an evi-dentiary hearing on all grounds asserted in Oliver’s motion, the postconviction court struck his conspiracy conviction because the trial court had incorrectly given the jury a principals instruction on that count. See Evans v. State, 985 So.2d 1105 (Fla. 3d DCA 2007). The State then filed a nolle prosequi on the conspiracy charge.

The postconviction court denied the balance of Oliver’s claims, and he contests those denials in this appeal. We agree that he must be resentenced for the traf ficking conviction pursuant to a scoresheet that does not include the conspiracy conviction. We affirm the rest of Oliver’s issues on appeal without discussion.

Affirmed in part, reversed in part, and remanded with directions to resentence Oliver on his conviction for trafficking in amphetamine.

ALTENBERND and KHOUZAM, JJ., Concur.