CHRISTOPHER CAMMILLERI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Christopher Cammilleri appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm in part and reverse in part.
Cammilleri stated that he was sentenced after he entered a plea agreement which required that he be given a guidelines sentence. He now contends that he was improperly assessed fifty-four victim injury points because the information filed against him does not allege any victim injury. This is a facially sufficient claim which the trial court did not address. See Nastri v. State, 775 So. 2d 355 (Fla. 2d DCA 2000). On remand, the trial court must reconsider this claim.
Cammilleri also contended that the trial judge expressed impermissible bias when resentencing him. This claim is not cognizable in a rule 3.800 motion, and the trial court is affirmed in its denial of this claim.
Affirmed in part, reversed in part, and remanded.
FULMER, A.C.J., and STRINGER and DAVIS,-JJ., concur.
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Cruz v. State, 824 So. 2d 291 (Fla. 4th DCA 2002)…was the result of a plea, appellant may have agreed to the inclusion of these additional victim injury points, but nothing in the record demonstrates this either. An evidentiary hearing is necessary to determine this issue. See Cammilleri v. State, 779 So. 2d 551, 551 (Fla. 2d DCA 2001). Likewise, as to the jail credit issue, appellant claimed 397 days of jail credit but was awarded only 239 days. In its order denying this claim, the trial court attached the jail records the state provided in its response t…
Authorities Cited
- Nastri v. State, 775 So. 2d 355 (Fla. 2d DCA 2000)