DAVID ALLEN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Montgomery v. State, 821 So. 2d 464 (Fla. 4th DCA 2002)
  …came to that conclusion for purposes of sentencing in a death penalty case. Two other courts have agreed with Batchelor. See State v. Freeman, 775 So. 2d 344 (Fla. 2d DCA 2000); Negron v. State, 799 So. 2d 1126 (Fla. 5th DCA 2001). In Hill v. State, 805 So. 2d 61 (Fla. 3d DCA 2002), the third district, in dicta, disagreed with Batchelor. We disagree with Batchelor and those cases which have followed it because Gar-rón, the case on which the Batchelor court relied, is distinguishable. In Garrón the issue was…
• Clavijo v. State, 886 So. 2d 1027 (Fla. 3d DCA 2004)
  …PER CURIAM. Affirmed. See Hill v. State, 805 So. 2d 61 (Fla. 3d DCA), rev. dismissed, 817 So. 847 (Fla.2002).…
• McMILLIAN v. State, 827 So. 2d 354 (Fla. 2d DCA 2002)
  …he pleaded no contest, and for which the adjudications were withheld and probation successfully completed, were improperly scored as prior offenses on his sentencing guidelines scoresheet. The trial court denied the claim, relying on Hill v. State, 805 So. 2d 61 (Fla. 3d DCA 2002). Hill held that “an offense is properly scored as prior record under [Florida Rule of Criminal Procedure] 3.701 even if adjudication was withheld.” Id. at 63 (citation omitted). Hill noted, however, that other district courts of a…

Authorities Cited

• Washington v. State, 661 So. 2d 1294 (Fla. 4th DCA 1995)