SIMMIE TUBMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant was sentenced pursuant to the 1995 guidelines following revocation of probation, and has now challenged that sentence pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000), a claim for which the appellant has standing. See Trapp v. State, 760 So. 2d 924 (Fla.2000). The trial court summarily denied the appellant’s claim on the basis that the appellant’s sentence does not constitute an upward departure from the 1994 guidelines when the one-cell bump up allowed for the appellant’s probation violation is taken into consideration. However, the trial court failed to attach a copy of the appellant’s 1994 sentencing guidelines scoresheet. We therefore reverse and remand this cause to the trial court with instructions to either attach record excerpts that conclusively demonstrate that the appellant is not entitled to any relief, or to grant the relief that is sought.
Reversed and Remanded with instructions.
ERVIN, WOLF and PADOVANO, JJ., concur.
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Citator
Cited By
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Arthur v. State, 927 So. 2d 86 (Fla. 1st DCA 2006)…nt’s sentence fell within the guidelines of a 1994 scoresheet, the court failed to attach a corrected score-sheet or to state whether its reliance was placed on a combined or distinct score-sheet as required by rule 3.703(d)(3). See Tubman v. State, 815 So. 2d 784 (Fla. 1st DCA 2002) (reversing where the trial court summarily denied the appellant’s Heggs claim based on its assertion that the appellant’s sentence did not constitute an upward departure from a corrected 1994 guidelines scoresheet but where the c…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)