ALEXANDER GALINDEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2002-12-04
No. 3D02-2207
Before JORGENSON, COPE, and GODERICH, JJ.
831 So. 2d 780 Florida District Court of Appeal, Third District (2002) Positive Treatment
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We grant the motion for rehearing, withdraw our opinion dated September 11, 2002, and substitute this opinion in its stead.

The defendant’s scoresheet erroneously reflects an assessment of 80 victim injury points for his conviction on count IV. Victim injury points on Count TV should have totaled 40 points as the conviction was for sexual union without penetration. See § 921.0011(7)(b), Fla. Stat. (1998); § 921.0014, Fla. Stat. (2001). Accordingly, we reverse the denial of the defendant’s motion for rule 3.800 relief and remand for resentencing.

REVERSED AND REMANDED.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Galindez v. State, 955 So. 2d 517 (Fla. 2007)
    …sentence of thirty years in prison. The Third District affirmed. Galindez v. State, 728 So. 2d 333 (Fla. 3d DCA 1999). Galindez then filed a motion under Florida Rule of Criminal Procedure 3.800(a), alleging scoresheet error. See Galindez v. State, 831 So. 2d 780, 780 (Fla. 3d DCA 2002). On rehearing, the district court held that Galindez’s scoresheet “erroneously reflect[ed] an assessment of 80 victim injury points” for his conviction on one of the lewd and lascivious assault counts. Id. Because “the convic…
  • Galindez v. State, 910 So. 2d 284 (Fla. 3d DCA 2005)
    …ses after a jury trial. The convictions and sentences were affirmed in Galindez v. State, 728 So. 2d 333 (Fla. 3d DCA 1999). The defendant then moved for relief from the sentences under Rule 3.800, and appealed from its denial. In Galindez v. State, 831 So. 2d 780 (Fla. 3d DCA 2002), rendered on January 13, 2003, we partially reversed and remanded on the ground that the trial court had overassessed the points for penetration in preparing the guideline scoresheet. The present appeal is from a resentencing orde…
  • Johnson v. Terry Hunt Constr. Co. & Superior, 878 So. 2d 1282 (Fla. 1st DCA 2004)
    …ounsel did not, is unavailing in light of the statutory requirement that the order be sent to claimant’s attorney and the fact that it was a state action which deprived claimant of the ability to file a timely notice of appeal. See Gundlah v. Moore, 831 So. 2d 780, 781 (Fla. 4th DCA 2002) (holding that the appropriate remedy when state action deprives a party of the ability to file a timely notice of appeal is to allow the appellant “to pursue relief in the lower tribunal by motion seeking to set aside the or…

Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw