ANTONIO FINN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court reversed the trial court's summary denial of an ineffective assistance of counsel claim regarding the scoring of a juvenile offense as prior record where adjudication was withheld, finding the Second District had adopted the rule in Batchelor v. State that such scoring violates the defendant's rights.
A trial court errs in summarily denying an ineffective assistance of counsel claim based on counsel's failure to object to scoring a juvenile offense as prior record when adjudication was withheld, as the Second District has adopted Batchelor's reasoning prohibiting such scoring.
[1] An offense with withheld adjudication should not be scored as prior record under the sentencing guidelines, and counsel's failure to object to such scoring constitutes in…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAntonio Finn pleaded no contest to a juvenile offense with adjudication withheld, and his trial counsel failed to object when this offense was scored …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Prior Record Scoring cases and more on FLexlaw
NORTHCUTT, Judge.
Antonio Finn challenges the order of the trial court summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings on one of Finn’s claims and affirm, without comment, the remainder of his claims.
In ground one of his motion, Finn alleged ineffective assistance of trial counsel based on counsel’s failure to object to the scoring of a juvenile offense as prior record on his guidelines scoresheet where Finn pleaded no contest and adjudication was withheld. Finn cited to Batchelor v. State, 729 So. 2d 956 (Fla. 1st DCA 1999), in support of his claim. The trial court denied this claim, citing to Hill v. State, 805 So. 2d 61 (Fla. 3d DCA), review dismissed by 817 So. 2d 847 (Fla.2002), which holds that an offense is properly scored as prior record under the guidelines even if adjudication was withheld. The trial court stated that it “was unable to locate any ruling issued by [the Second District Court of Appeal] that adopted the reasoning set forth” in Batchelor. However, in State v. Freeman, 775 So. 2d 344 (Fla. 2d DCA 2000), review denied by 790 So. 2d 1108 (Fla.2001), we specifically aligned ourselves with Batchelor. See also McMillian v. State, 827 So. 2d 354 (Fla. 2d DCA 2002). We therefore reverse the trial court’s order as it relates to. this claim and remand for the trial court to consider the claim.
Affirmed in part, reversed in part, and remanded.
ALTENBERND, C.J., and CASANUEVA, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Batchelor v. State, 729 So. 2d 956 (Fla. 1st DCA 1999)
- State v. Freeman, 775 So. 2d 344 (Fla. 2d DCA 2000)
- Allen v. State, 805 So. 2d 61 (Fla. 1st DCA 2002)
- Hill v. State, 805 So. 2d 61 (Fla. 3d DCA 2002)
- McMILLIAN v. State, 827 So. 2d 354 (Fla. 2d DCA 2002)