OLIVER CLAY PERRIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's post-conviction relief motion was denied because he failed to allege that his sentence would have been a departure under the 1994 sentencing guidelines, a requirement under Heggs v. State.
To obtain post-conviction relief under Heggs, a defendant must allege both that he was sentenced within the specified window period and that his sentence would have been a departure under the 1994 guidelines.
[1] To obtain post-conviction relief under Heggs v. …
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Join FLexlaw to unlock all legal intelligenceOliver Clay Perrin was sentenced to 70 months incarceration for an offense committed within the October 1, 1995 to May 24, 1997 window period and soug…
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THOMPSON, C.J.
Oliver Clay Perrin appeals the denial of his motion for post-conviction relief.
Perrin alleged that he was entitled to relief under Heggs v. State, 759 So. 2d 620 (Fla.2000). The trial court ruled that Per-rin was not entitled to relief because “a recalculation of the scoresheet using the 1994 guidelines reveals that there is no changes in score.” The court erred in failing to attach the scoresheet to the order denying relief. See, e.g., Meyers v. State, 740 So. 2d 1259 (Fla. 5th DCA 1999) (reversing and instructing trial court to attach portions of the record refuting defendant’s claim). We nevertheless affirm the order. To obtain relief under Heggs, the person seeking relief must allege that he was sentenced between 1 October 1995 and 24 May 1997. See Trapp v. State, 760 So. 2d 924 (Fla.2000). Second, the person seeking relief must allege that the sentence received would have been a departure sentence under the 1994 guidelines. See Heggs. Although the date of Perrin’s offense fell within the window period, Per-rin failed to allege that the sentence he received, 70 months incarceration, would have been a departure under the 1994 guidelines.
Accordingly, the order denying relief is affirmed without prejudice to Perrin’s filing a motion making the required allegations.
AFFIRMED without prejudice.
W. SHARP, and SAWAYA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cooper v. State, 772 So. 2d 608 (Fla. 5th DCA 2000)…e been imposed under the 1994 guidelines and therefore he was not adversely affected by the application of the unconstitutional 1995 guidelines. However, the court did not attach the recomputed score-sheet to confirm its finding. In Perrin v. State, 768 So. 2d 1172 (Fla. 5th DCA 2000), this court held that the trial court erred in failing to attach the scoresheet to confirm its finding that the defendant’s sentence could have been imposed under the 1994 guidelines. See also Gatto v. State, 768 So. 2d 1169 (Fla…
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Gray v. State, 774 So. 2d 809 (Fla. 5th DCA 2000)…enied Gray’s motion stating that his sentence would have been the same under the 1994 guidelines. Because the court failed to attach the score sheet to the order denying relief, we cannot determine if Gray is entitled to relief. See Perrin v. State, 768 So. 2d 1172 (Fla. 5th DCA 2000). We therefore reverse the order on appeal and remand for attachment of documents refuting Gray’s claim. We note that even if Gray is correct in his assertion that his sentence would have been shorter under the earlier guidelines…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)
- Owens v. State, 740 So. 2d 1259 (Fla. 1st DCA 1999)
- Martez Bell v. State, 740 So. 2d 1259 (Fla. 4th DCA 1999)