JAMES H. HAMMOCK, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
JAMES H. HAMMOCK, PETITIONER,
STATE OF FLORIDA, RESPONDENT
810 So. 2d 1093
Florida District Court of Appeal, Fifth District (2002)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
In this petition for belated appeal, the undisputed factual allegations show that petitioner’s rights were frustrated due to ineffective assistance of counsel. Therefore, we grant the petition for belated appeal and this opinion shall be treated as a notice of appeal.
PETITION GRANTED.
COBB, HARRIS and ORFINGER, R. B., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Ruff v. State, 840 So. 2d 1145 (Fla. 5th DCA 2003)…e guidelines, there was no basis for finding the preparation of the scoresheet had any impact on the sentence). In essence, scoresheet errors are considered harmless when a sentence is the result of a negotiated plea agreement.1 See Harris v. State, 810 So. 2d 1093 (Fla. 5th DCA 2002); Hill v. State, 730 So. 2d 322, 323 (Fla. 1st DCA 1999) (“Any error on a scoresheet is harmless where a defendant’s sentences are the result of his negotiated plea agreement.”) (citations omitted). Hence, we conclude that in the…
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Angeline Towery v. State, 977 So. 2d 774 (Fla. 2d DCA 2008)…asonable period of time. See Spera v. State, 971 So. 2d 754, 761 (Fla.2007). Instead, the court denied the motion, finding that any scoresheet error was harmless because Towery entered into a negotiated plea for a term of years. In Harris v. State, 810 So. 2d 1093, 1094 (Fla. 5th DCA 2002), the court recognized that “[sjcoresheet errors are harmless when the sentence is the result of a negotiated plea agreement.” Harris had entered his plea in exchange for a four-year sen [*776] tence rather than a guidelines…
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McCREA v. State, 980 So. 2d 1268 (Fla. 2d DCA 2008)…enced under a corrected scoresheet. As a general rule, scoresheet errors are harmless when the sentence is the result of a negotiated plea agreement to a term of years. See Towery v. State, 977 So. 2d 774 (Fla. 2d DCA 2008) (quoting Harris v. State, 810 So. 2d 1093, 1094 (Fla. 5th DCA 2002)). However, if McCrea is able to allege that he would not have pleaded had he known that, absent the improper scoring of his juvenile record, the minimum guidelines sentence was lower than the one upon which his pleas were a…
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