GREGORY PONTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
GREGORY PONTON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
796 So. 2d 630
Florida District Court of Appeal, Third District (2001)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
PER CURIAM.
The appellant seeks review of the adverse portion of the following order denying in part and granting in part his motion for post-conviction relief:
1. As to counts 2 — 16 of the information, the defendant was sentenced as a Habitual Violent Felony offender to three consecutive LIFE sentences with three consecutive 15 year minimum mandatory sentences, the maximum sentence provided by law. This Court did not utilize the guideline scoresheet in determining this sentence. Because the defendant has not been adversely affected by the 1995 guidelines, he is not entitled to be re-sentenced. Rodriguez v. State, 766 So. 2d 1147 (Fla. 3d DCA 2000); Melgares v. State, 762 So. 2d 921 (Fla. 3d DCA 1999). Therefore, the defendant’s Motion to Correct Sentence in Counts 2 through 16 is hereby DENIED. 2. The defendants’s Motion to Correct Sentence as to Count 1 of the Information, Armed Burglary with an Assault (a life felony), is hereby GRANTED. Everett v. State, 770 So. 2d 192 (Fla. 2d DCA 2000), Peters v. State, 769 So. 2d 490 (Fla. 4th DCA 2000).
The order is correct in all respects and is
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ponton v. Warden John Willis, 172 So. 3d 574 (Fla. 1st DCA 2015)…e, 827 So. 2d 1004 (Fla. 3d DCA 2002) (denying petition for writ of habeas corpus); Ponton v. State, 802 So. 2d 385 (Fla. 3d DCA 2001) (affirming denial of motion for postconviction relief), review denied, 817 So. 2d 849 (Fla.2002); Ponton v. State, 796 So. 2d 630 (Fla. 3d DCA 2001) (affirming denial of motion to correct sentencing error); Ponton v. State, 784 So. 2d 1115 (Fla. 3d DCA) (denying petition for writ of prohibition), review denied, 790 So. 2d 1107 (Fla.2001); Ponton v. State, 756 So. 2d 1018 (Fla.…
Authorities Cited
- Alvarez Alberto Rodriguez v. State, 766 So. 2d 1147 (Fla. 3d DCA 2000)
- Everett v. State, 770 So. 2d 192 (Fla. 2d DCA 2000)
- German Melgares v. State, 762 So. 2d 921 (Fla. 3d DCA 1999)
- Colandro Peters v. State, 769 So. 2d 490 (Fla. 4th DCA 2000)