Perry v. State

District Court of Appeal of Florida

Perry v. State

582 So. 2d 175, 1991 Fla. App. LEXIS 6995, 1991 WL 131913

CourtDistrict Court of Appeal of Florida

DecidedJuly 19, 1991

DocketNo. 91-01344

StatusPublished

This text of 582 So. 2d 175 (Perry 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

Perry v. State, 582 So. 2d 175, 1991 Fla. App. LEXIS 6995, 1991 WL 131913 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Jerry Lee Perry appeals the summary denial of his timely filed motion for post-conviction relief. He alleges that the scoresheet used in his case was prepared pursuant to the version of Florida Rule of Criminal Procedure 3.701 in effect at the time of sentencing, rather than that in effect at the time the original offense was committed. See Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987); Dupont v. State, 514 So.2d 1159 (Fla. 2d DCA 1987). Specifically, he contends that his violation of probation should have been scored as an additional offense, not as was done, as prior record. See DeVille v. State, 529 So.2d 319 (Fla. 2d DCA 1988). A correct scoresheet would result in a lower guidelines sentencing range.

It appears that the appellant’s contentions are correct, however, because his motion was summarily denied this court does not have a complete account of what transpired before the circuit court. Accordingly, we reverse the denial of the appellant’s motion for postconviction relief and remand to the trial court to conduct an evidentiary hearing on the appellant’s motion.

SCHOONOVER, C.J., and HALL and THREADGILL, JJ., concur.

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PER CURIAM.

Jerry Lee Perry appeals the summary denial of his timely filed motion for post-conviction relief. He alleges that the scoresheet used in his case was prepared pursuant to the version of Florida Rule of Criminal Procedure 3.701 in effect at the time of sentencing, rather than that in effect at the time the original offense was committed. See Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987); Dupont v. State, 514 So.2d 1159 (Fla. 2d DCA 1987). Specifically, he contends that his violation of probation should have been scored as an additional offense, not as was done, as prior record. See DeVille v. State, 529 So.2d 319 (Fla. 2d DCA 1988). A correct scoresheet would result in a lower guidelines sentencing range.

It appears that the appellant’s contentions are correct, however, because his motion was summarily denied this court does not have a complete account of what transpired before the circuit court. Accordingly, we reverse the denial of the appellant’s motion for postconviction relief and remand to the trial court to conduct an evidentiary hearing on the appellant’s motion.

SCHOONOVER, C.J., and HALL and THREADGILL, JJ., concur.

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Bluebook (online)

582 So. 2d 175, 1991 Fla. App. LEXIS 6995, 1991 WL 131913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-state-fladistctapp-1991.

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