WAYNE M. CRAVEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SCHEB, Judge.
Wayne M. Cravey appeals from the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Cravey states that he pleaded guilty to sexual battery and was sentenced to ten years in prison followed by fifteen years’ probation. He now calculates his score under the sentencing guidelines and concludes his presumptive guidelines sentence should have been from five and one-half to seven years. Cravey contends the trial court sentenced him without a scoresheet and without otherwise knowing the recommended guidelines sentence.
If Cravey’s allegation on this point is true, he may be entitled to relief as outlined in Schneider v. State, 512 So. 2d 308 (Fla. 2d DCA 1987). We find no merit to his remaining contentions.
We reverse the trial court’s summary denial and remand for further proceedings in accordance with Schneider. DANAHY, C.J., and RYDER, J., concur.
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Rowe v. State, 523 So. 2d 620 (Fla. 2d DCA 1988)…it been appealed in timely fashion, would have been sustained. This court has since held that Whitehead is not to be applied retroactively to habitual offender sentences which became final prior to the announcement of that decision. Cusic v. State, 512 So. 2d 309 (Fla. 2d DCA 1987); McCuiston v. State, 507 So. 2d 1185 (Fla. 2d DCA 1987). In other words, a guideline departure based upon the habitual offender statute is not an illegal sentence per se. The First District Court of Appeal appears to hold otherwis…
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Cusic v. State, 534 So. 2d 1147 (Fla. 1988)…GRIMES, Justice. Pursuant to article Y, section 3(b)(3) of the Florida Constitution, we review Cusic v. State, 512 So. 2d 309 (Fla. 2d DCA 1987), because of conflict with Hall v. State, 511 So. 2d 1038 (Fla. 1st DCA 1987). Contemporaneous with the issuance of the instant opinion, this Court has quashed the opinion of the First District Court of Appeal in Hall. Relying upo…
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Gilmore v. State, 528 So. 2d 416 (Fla. 2d DCA 1988)…In his motion to correct sentence, Gilmore sought to retroactively claim the benefit of Whitehead. We have previously held that Whitehead should not be applied [*417] retroactively. Rowe v. State, 523 So. 2d 620 (Fla. 2d DCA 1988); Cusic v. State, 512 So. 2d 309 (Fla. 2d DCA 1987); McCuiston v. State, 507 So. 2d 1185 (Fla. 2d DCA 1987). We affirm and again certify conflict with Hall v. State, 511 So. 2d 1038 (Fla. 1st DCA 1987). RYDER, A.C.J., and CAMPBELL and LEHAN, JJ., concur.…
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- Schneider v. State, 512 So. 2d 308 (Fla. 2d DCA 1987)