PETER G. WAHL, 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.
A claim regarding improper sentencing guideline departure cannot be raised in a motion for post-conviction relief if it could have been raised on direct appeal.
Appellant sought post-conviction relief, arguing the court improperly departed from sentencing guidelines. The trial court denied the motion.…
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 Sentence cases and more on FLexlaw
GRIMES, Judge.
This is an appeal from the denial of a motion for post-conviction relief. As one of his grounds, appellant contends that in sentencing him under the guidelines, the court improperly departed from the presumptive range. We hold that this issue cannot be raised in a motion for post-conviction relief.
Section 921.001(5), Florida Statutes (1983), provides for appellate review of any sentence imposed outside the guidelines. If appellant had a complaint concerning the court’s departure from the guidelines, he should have filed a direct appeal from the sentence. That portion of Florida Rule of Criminal Procedure 3.850 which authorizes the review of sentences “in excess of the maximum authorized by law,” refers to a sentence which is above the legislative maximum for the prescribed crime. Skinner v. State, 366 So. 2d 486 (Fla. 3d DCA 1979). Since appellant complains of an error which is not of fundamental dimension and which could have been raised by way of appeal, it cannot now be asserted in a motion for post-conviction relief.
The other grounds of appellant’s motion have no merit. Therefore, the order of denial is affirmed.
RYDER, C.J., and CAMPBELL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
-
Rowe v. State, 496 So. 2d 857 (Fla. 2d DCA 1986)…upon direct appeal and not in a Rule 3.850 motion. It is our view that two of Rowe’s guideline-related points are inappropriately before us. Thus the assertion that the trial court based departure on impermissible reasons is barred by Wahl v. State, 460 So. 2d 579 (Fla. 2d DCA 1984). That issue could have been reviewed on direct appeal and is not cognizable under Rule 3.850. Carter v. State, (Fla. 1st DCA 1986). Rowe correctly notes that a contemporaneous objection is not essential to an appeal from a trial c…
-
Chaplin v. State, 473 So. 2d 842 (Fla. 1st DCA 1985)…974 (Fla. 5th DCA 1983). Appellant understandably argues that his twelve-year concurrent sentences are illegal, since his correct guidelines score (161 points) dictates a guidelines range of seven years to a maximum of nine years. In Wahl v. State, 460 So. 2d 579 (Fla. 2d DCA 1984), the Second District Court of Appeal held that a departure from the sentencing guidelines may not be raised in a motion for post-conviction relief. The court reasoned that since the sentencing error complained of was not of fundam…
-
Lanier v. State, 478 So. 2d 1184 (Fla. 2d DCA 1985)…e on the basis of the record on appeal are not preserved for direct appellate review. Dailey v. State, 471 So. 2d 1349 (Fla. 1st DCA 1985). Nor may the issue of a scoresheet inaccuracy be raised in a motion for post-conviction relief. Wahl v. State, 460 So. 2d 579 (Fla. 2d DCA 1984). The state may in a proper ease be required to produce competent evidence to corroborate hearsay in a PSI report upon challenge by the defendant. See Rodriguez v. State, 472 So. 2d 1294 (Fla. 5th DCA 1985). If there were prejudic…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Skinner v. State, 366 So. 2d 486 (Fla. 3d DCA 1979)