GREGORIO ARREOLA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in summarily denying post-conviction relief regarding sentencing points for victim injury.
Appellant sought post-conviction relief, claiming sentencing points were improperly added for victim injury. He also claimed ineffective assistance of…
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PER CURIAM.
We reverse the summary denial of appellant’s motion for post-conviction relief from his sentences for three counts of sexual battery and kidnapping. Appellant claims error in the sentence caused by adding points for victim injury where none was alleged or proved.
We agree based on Karchesky v. State, 591 So. 2d 930 (Fla.1992), and Boland v. State, 613 So. 2d 72 (Fla. 4th DCA 1993). We remand for a de novo sentencing hearing to determine the extent of actual injury, if any. See Morris v. State, 605 So. 2d 511 (Fla. 2d DCA 1992).
As to appellant’s claim of ineffective assistance of counsel, appellant states that he told his counsel of facts and witnesses which would support a consent defense. The written plea agreement also indicates that he agreed that he had told his counsel all of the facts, that counsel had fully discussed with him all of his defenses and that he was satisfied with his counsel’s representation. Thus, the claims are refuted by the written plea agreement. Rackley v. State, 571 So. 2d 533 (Fla. 1st DCA 1990); Frazier v. State, 447 So. 2d 959 (Fla. 1st DCA 1984).
Reversed and remanded for further proceedings.
HERSEY and WARNER, JJ., and WILLIAM C. OWEN, Jr., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Echols v. State, 660 So. 2d 782 (Fla. 4th DCA 1995)…ce and remand to the trial court with leave to conduct a hearing to determine the extent of actual injury, if any, and to assess victim-injury points if supported by the evidence. Scott v. State, 642 So. 2d 838 (Fla. 4th DCA 1994); Arreola v. State, 620 So. 2d 1289 (Fla. 4th DCA 1993). The trial court’s failure to differentiate the scores for primary and additional offenses on the guideline scoresheet also requires correction. Pursuant to Florida Rule of Criminal Procedure 3.710(d)(3) and (4), the trial court…
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Weckerle v. State, 626 So. 2d 1038 (Fla. 4th DCA 1993)…PER CURIAM. We reverse Appellant’s 1988 sentence for multiple counts of lewd and lascivious acts against a child and remand for resentencing. Boland v. State, 613 So. 2d 72 (Fla. 4th DCA), rev. denied, 624 So. 2d 268 (Fla.1993); Arreola v. State, 620 So. 2d 1289 (Fla. 4th DCA 1993). The sentencing seoresheet included points for victim injury. The supreme court subsequently decided Karchesky v. State, 591 So. 2d 930 (Fla.1992), holding that points for victim injury could not validly be scored for a touchin…
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Scott v. State, 779 So. 2d 284 (Fla. 2d DCA 1998)…o. 2d 869 (Fla. 2d DCA 1997); Wright v. State, 675 So. 2d 1009 (Fla. 2d DCA 1996). The trial court denied these claims on the basis of a plea form and an excerpt of the plea colloquy which noted Scott’s satisfaction with counsel. Arreola v. State, 620 So. 2d 1289 (Fla. 4th DCA 1993), and Frazier v. State, 447 So. 2d 959 (Fla. 1st DCA 1984), cited by the trial court in its order of denial, repeat general propositions of law that comments made at the entry of a plea may bar some subsequent attacks on counsel,…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Karchesky v. State, 591 So. 2d 930 (Fla. 1992)
- Silas v. Morris, 605 So. 2d 511 (Fla. 2d DCA 1992)
- Rackley v. State, 571 So. 2d 533 (Fla. 1st DCA 1990)
- Boland v. State, 613 So. 2d 72 (Fla. 4th DCA 1993)
- Frazier v. State, 447 So. 2d 959 (Fla. 1st DCA 1984)