GREGORY COLLINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2001-06-29
No. 2D01-745
THREADGILL, A.C.J., and STRINGER, J., Concur.
788 So. 2d 1109 Florida District Court of Appeal, Second District (2001) Caution
Cited by 12 cases
Opinion of the Court
GREEN, Judge.

GREEN, Judge.

Gregory Collins appeals the summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion alleging scoresheet errors. The trial court acknowledged the errors but denied relief because Collins’ sentence is within the sentencing range of the corrected scoresheet. Because the attachments to the order denying relief do not conclusively demonstrate that Collins would have received the same sentence with a correct scoresheet, he is entitled to be resentenced with an accurate score-sheet. See Carter v. State, 705 So. 2d 582 (Fla. 2d DCA 1997).

Reversed and remanded.

THREADGILL, A.C.J., and STRINGER, J., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Anderson v. State, 865 So. 2d 640 (Fla. 2d DCA 2004)
    …is court has, however, not understood Heggs as establishing such a generally applicable standard for determining whether scoresheet errors require resen-tencing. On the contrary, in Voss v. State, 808 So. 2d 282 (Fla. 2d DCA 2002), Collins v. State, 788 So. 2d 1109 (Fla. 2d DCA 2001), and Bigham v. State, 761 So. 2d 431 (Fla. 2d DCA 2000) — which were decided after Heggs — we have adhered to the view that a scoresheet error, like the error shown by Anderson, requires resentencing unless it can be shown conclus…
  • Fortner v. State, 830 So. 2d 174 (Fla. 2d DCA 2002)
    …esheet. All defendants are entitled to be sentenced under a correctly scored and calculated scoresheet. See Carter v. State, 705 So .2d 582, 583 (Fla. 2d DCA 1997). See also Walker v. State, 807 So. 2d 177, 178 (Fla. 2d DCA 2002); Collins v. State, 788 So. 2d 1109, 1109 (Fla. 2d DCA 2001). Here, Fortner correctly contends that his prior convictions were improperly scored. The judgments used by the State to score Fortner’s prior record reflect that Fortner was previously convicted of four counts of robbery wit…
  • Jones v. State, 901 So. 2d 255 (Fla. 4th DCA 2005)
    …is court has, however, not understood Heggs as establishing such a generally applicable standard for determining whether scoresheét errors require re-sentencing. On the contrary, in Voss v. State, 808 So. 2d 282 (Fla. 2d DCA 2002), Collins v. State, 788 So. 2d 1109 (Fla. 2d DCA 2001), and Bigham v. State, 761 So. 2d 431 (Fla. 2d DCA 2000)—which were decided after Heggs—we have adhered to the view that scoresheet error ... requires resentencing unless it can be shown conclusively that the same sentence would ha…

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