JERRY L. IVY, APPELLANT,

v.

MICHAEL MOORE, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, THE SECOND JUDICIAL CIRCUIT COURT, LEON COUNTY, AND STATE OF FLORIDA, APPELLEE

Citator

Cited By (22 total)

• Brooks v. State, 969 So. 2d 238 (Fla. 2007)
  …2d 640, 642 (Fla. 2d DCA 2004). On the other hand, the First District had concluded that sentence scoresheet error raised by postconviction motion was harmless if the sentence could have been imposed under a correct scoresheet. See Hummel v. State, 782 So. 2d 450 (Fla. 1st DCA 2001). After examining the historical changes in the statutory criminal sentencing schemes and the district courts’ treatment of such errors, both on direct appeal and in postconviction motions, we noted that most courts applied the wo…
• State v. Anderson, 905 So. 2d 111 (Fla. 2005)
  …r requires resentencing unless the record conclusively shows that the same sentence would have been imposed using a correct scoresheet. See Anderson v. State, 865 So. 2d 640, 642 (Fla. 2d DCA 2004). The court certified conflict with Hummel v. State, 782 So. 2d 450 (Fla. 1st DCA 2001), which applied a cottM-have-been-im-posed test. Under that test, scoresheet error does not require resentencing if the sentence could have been imposed (absent a departure) with a correct scoresheet.1 This test is much more diffi…
• Anderson v. State, 865 So. 2d 640 (Fla. 2d DCA 2004)
  …use the ninety-month sentence previously imposed “is within the corrected range.” In reaching the conclusion that Anderson was not entitled to relief, the postconviction court relied on Heggs v. State, 759 So. 2d 620 (Fla.2000), and Hummel v. State, 782 So. 2d 450 (Fla. 1st DCA 2001). In Heggs, which invalidated the statute adopting the 1995 sentencing guidelines, the supreme court held that “if a person’s sentence imposed under the 1995 guidelines could have been imposed under the 1994 guidelines (without a…