Collins v. State, 788 So. 2d 1109

GREEN, Judge.

Gregory Collins appeals the summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion alleging scoresheet errors. The trial court acknowledged the errors but denied relief because Collins’ sentence is within the sentencing range of the corrected scoresheet. Because the attachments to the order denying relief do not conclusively demonstrate that Collins would have received the same sentence with a correct scoresheet, he is entitled to be resentenced with an accurate scoresheet. See Carter v. State, 705 So.2d 582 (Fla. 2d DCA 1997).

Reversed and remanded.

THREADGILL, A.C.J., and STRINGER, J., Concur.

Case Details

Case Name: Collins v. State

Court Name: District Court of Appeal of Florida

Date Published: Jun 29, 2001

Citations: 788 So. 2d 1109; 2001 WL 725978; 2D01-745

Docket Number: 2D01-745

Court Abbreviation: Fla. Dist. Ct. App.