EARL DOUGLAS HORNE, APPELLANT,
v.
HARRY K. SINGLETARY, JR., ET AL., APPELLEE
EARL DOUGLAS HORNE, APPELLANT,
HARRY K. SINGLETARY, JR., ET AL., APPELLEE
652 So. 2d 975
Florida District Court of Appeal, First District (1995)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant seeks review of an order summarily denying his 3.800(a), Florida Rules of Criminal Procedure, motion to correct illegal sentence in which he, among other grounds, asserted that victim injury points were incorrectly added to his scoresheet in violation of the rule of law announced in Karchesky v. State, 591 So. 2d 930 (Fla.1992). We find no merit in appellant’s other arguments, but must reverse the summary denial based on the alleged error as to victim injury points. Harper v. State, 632 So. 2d 104 (Fla. 1st DCA 1994).
Reversed and remanded for resentencing.
ERVIN, MINER and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ogden v. State, 701 So. 2d 673 (Fla. 1st DCA 1997)…PER CURIAM. This is an appeal from a proceeding in which the appellant sought enforcement of an order granting postconviction relief under Florida Rule of Criminal Procedure 3.850. In the rule 3.850 order the court cited Lowell v. State, 652 So. 2d 975 (Fla. 1st DCA 1995), and Jennings v. State, 645 So. 2d 592 (Fla. 2d DCA 1994), and indicated that a probationary condition “concerning intoxicants” was stricken. However, a subsequently entered amended order of probation contained the same condition…
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Reynolds v. State, 827 So. 2d 356 (Fla. 1st DCA 2002)…ctrine does not bar the present claim. See McBride v. State, 810 So. 2d 1019, 1022 (Fla. 5th DCA 2002). Karchesky claims may be raised via rule 3.800(a). See, e.g., McClendon v. State, 679 So. 2d 1255, 1255 (Fla. 1st DCA 1996); Horne v. Singletary, 652 So. 2d 975, 975 (Fla. 1st DCA 1995); Harper v. State, 632 So. 2d 104, 104 (Fla. 1st DCA 1994); Spring v. State, 647 So. 2d 974 (Fla. 1st DCA 1994). The Karchesky issue pivots on whether there is any evidence in the record showing that the victim of the sexual…
Authorities Cited
- Karchesky v. State, 591 So. 2d 930 (Fla. 1992)
- Royce Glenn Harper v. State, 632 So. 2d 104 (Fla. 1st DCA 1994)