ORLANDO FERNANDEZ, SR., APPELLANT,

v.

EFIGENIA NANCY FERNANDEZ, APPELLEE

Citator

Cited By (54 total)

• State v. Anderson, 905 So. 2d 111 (Fla. 2005)
  …same sentence notwithstanding the scoresheet error, such as where the sentence was imposed in accordance with a valid plea agreement, have the sentences been affirmed under the harmless error doctrine despite the erroneous score. Sellers v. State, 578 So. 2d 339, 341 (Fla. 1st DCA) (citations omitted) (quoting Higgs v. State, 470 So. 2d 75, 76 (Fla. 3d DCA 1985)), approved on other grounds, 586 So. 2d 340 (Fla.1991); see, e.g., Mooney v. State, 864 So. 2d 60, 62 (Fla. 4th DCA 2003) (affirming as harmless th…
• Harrelson v. State, 616 So. 2d 128 (Fla. 2d DCA 1993)
  …or harmless, indicating the trial court would have extended the sentence into the farthest reach of the permitted range had it considered an accurate scoresheet.” Najar v. State, 614 So. 2d 644 (Fla. 2d DCA 1993). See also, Boland; Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA), approved on other grounds, 586 So. 2d 340 (Fla.1991). Our holding is without prejudice to the trial court to make and substantiate such a finding. Cf. Sanchez v. State, 600 So. 2d 1256 (Fla. 2d DCA1992) (trial court may impose depart…
• Eady v. State, 604 So. 2d 559 (Fla. 1st DCA 1992)
  …egree felony, without the punishable by life designation. Nevertheless, the scoresheet error in this case was harmless, because deletion of the excess points places appellant in the same guidelines recommended sentencing range. See Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA), approved, 586 So. 2d 340 (Fla.1991). Next, we address appellant’s claims that his counsel provided ineffective assistance, thereby rendering appellant’s guilty plea involuntary. As a general rule, claims of coercion or ineffective a…

Authorities Cited

• Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)