AARON IMBRUNONE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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NORTHCUTT, Judge.
Aaron Imbrunone appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Imbrunone styled his submission as a motion to correct illegal sentence, but he filed it pursuant to rule 3.850, met the pleading requirements of rule 3.850, and sought relief only available pursuant to rule 3.850. The circuit court, noting that the motion sought relief under Heggs v. State, 759 So. 2d 620 (Fla. 2000), treated the motion as one filed pursuant to rule 3.800(a) and denied it. We affirm without comment the denial of Im-brunone’s claim that he is entitled to Heggs resentencing. However, the circuit court failed to address the portion of the motion in which Imbrunone sought to withdraw his original plea. That aspect of the motion was facially sufficient. We reverse and remand for the circuit court to consider it.
Affirmed in part; reversed in part and remanded.
FULMER, A.C.J., and GREEN, J., Concur.
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Lane v. State, 981 So. 2d 596 (Fla. 1st DCA 2008)…not convict appellant of second-degree murder but rather the lesser included offense of aggravated battery with a deadly weapon, appellant should not have been assessed 120 victim injury points for the victim’s death.” Id.; see also Nunez v. State, 793 So. 2d 96 (Fla. 2d DCA 2001) (same). We agree with the Second District and hold that victim injury points for “death” cannot be scored where a defendant is acquitted of all murder charges and convicted of aggravated battery. But see Sims v. State, 869 So. 2d…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)