TONNY PRESIDENT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court erred in summarily denying one claim of post-conviction relief based on scoresheet error.
Appellant sought post-conviction relief, alleging his sentence was based on an erroneous Criminal Punishment Code scoresheet that included points for …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Rule Of Criminal Procedure 3.850 cases and more on FLexlaw
PER CURIAM.
Appellant, Tonny President, appeals the trial court’s order summarily denying his motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, as amended and supplemented. We affirm the trial court’s summary denial of claims 1, 2, 4 and 5 without further discussion.
In claim three, President argued Criminal Punishment Code scoresheet error resulting in 69 points being improperly included. Those points were for three counts of armed robbery, which were subsequently reversed and remanded for new trial by this court in President v. State, 884 So. 2d 126 (Fla. 4th DCA 2004), rev. denied, sub nom., State v. West, 892 So. 2d 1014 (Fla.2005) and then nolle 'prossed by the State. See State v. Peterson, 667 So. 2d 199, 201 n. 4 (Fla.1996) (recognizing that a criminal defendant whose sentence was based on a scoresheet which included points for convictions subsequently overturned on appeal is entitled to file for post conviction relief from that sentence). President alleged that he would not have received the same sentence but for this erroneous assessment.
Here, the record does not conclusively show either that President is not entitled to relief or that the trial court would have imposed the same sentence using a correct scoresheet. Therefore, we reverse and remand the trial court’s summary denial of claim three only, for an evidentiary hearing or for attachment of those portions of the record conclusively establishing that President is not entitled to relief. If a hearing is required and it confirms this sentencing error, resentencing will be required, unless the trial court conclusively establishes that it would have imposed the same sentence even under the corrected scoresheet. State v. Anderson, 905 So. 2d 111 (Fla.2005); Mitchell v. State, 975 So. 2d 1197 (Fla. 5th DCA 2008).
Affirmed in part, reversed and remanded in part.
WARNER, POLEN and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Tonny President v. State, 82 So. 3d 889 (Fla. 4th DCA 2011)…PER CURIAM. Tonny President appeals a trial court order entered after remand, pursuant to President v. State, 981 So. 2d 673 (Fla. 4th DCA 2008). In that case, we directed the trial court to either conduct an evidentiary hearing or attach portions of the record conclusively establishing that appellant was not entitled to relief in a post-conviction sentencing challenge. I…
-
Rogers v. State, 25 So. 3d 636 (Fla. 1st DCA 2009)…nd, therefore, because this charge had been dismissed, he should be resentenced using a corrected scoresheet. The critical issue is whether appellant’s 3.850 motion was timely filed. If it was, this case is strikingly similar to President v. State, 981 So. 2d 673 (Fla. 4th DCA 2008). In President, appellant’s score-sheet contained points for three convictions which were subsequently reversed and then nolle prossed by the State. The appellant in that case alleged he would not have received the same sentence f…
-
Tonny President v. State, 196 So. 3d 532 (Fla. 4th DCA 2016)…2d 1124 (Fla. 4th DCA 2004), President later filed a rule 3)850 motion for postconviction relief based on a scorésheet error, and we reversed the denial of that motion and remanded for an evidentiary hearing or resentencing. See President v. State, 981 So. 2d 673 (Fla. 4th DCA 2008); President v. State, 82 So. 3d 889 (Fla. 4th DCA 2011). In January [*534] 2012, President was resentenced with a corrected seoresheet to twenty years in prison with a ten-year minimum mandatory sentence. In this amended rule 3.8…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Anderson, 905 So. 2d 111 (Fla. 2005)
- State v. West, 892 So. 2d 1014 (Fla. 2005)
- State v. Ezekiel Peterson, 667 So. 2d 199 (Fla. 1996)
- Tonny President v. State, 884 So. 2d 126 (Fla. 4th DCA 2004)
- Varian Mitchell v. State, 975 So. 2d 1197 (Fla. 5th DCA 2008)