RUBIN LONG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RUBIN LONG, APPELLANT,
STATE OF FLORIDA, APPELLEE
853 So. 2d 511
Florida District Court of Appeal, Fourth District (2003)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant, Rubin Long, seeks review of an order summarily denying his 3.800(a) motion to correct illegal sentence, in which appellant, pursuant to Karchesky v. State, 591 So. 2d 930 (Fla.1992), sought recalculation of his guideline sentencing score by eliminating 120 points added for victim injury. We reverse and remand for the trial court to address the merits of Long’s claim. The claim is cognizable if the error is ascertainable from the face of the record. Reynolds v. State, 827 So. 2d 356 (Fla. 1st DCA 2002); Dickson v. State, 826 So .2d 412 (Fla. 2nd DCA 2002); Boland v. State, 613 So. 2d 72 (Fla. 4th DCA 1993).
STEVENSON, SHAHOOD and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Chapman v. State, 885 So. 2d 475 (Fla. 5th DCA 2004)…e, 675 So. 2d 625 (Fla. 2d DCA), review denied, 680 So. 2d 422 (Fla.1996). An erroneous inclusion of victim injury points is cognizable under rule 3.800(a) as long as the error is ascertainable from the face of the record. See, e.g., Long v. State, 853 So. 2d 511 (Fla. 4th DCA [*477] 2003); Reynolds v. State, 827 So. 2d 356 (Fla. 1st DCA 2002); Dickson v. State, 826 So. 2d 412 (Fla. 2d DCA 2002). Resolution of Chapman’s complaint should not entail more than the examination of the indictment, judgment, senten…
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Matthews v. State, 99 So. 3d 964 (Fla. 2d DCA 2011)…2d DCA 2010) (addressing a claim of ineffective assistance of counsel for failure to object to inclusion of victim injury points on score-sheet). It is also possible that Mr. Matthews would be entitled to relief under the reasoning of Long v. State, 853 So. 2d 511 (Fla. 4th DCA 2003) (addressing a claim of illegal sentence based on the miscalculation of victim injury points). He may need to expressly allege that his lawyer was ineffective at the 2007 sentencing hearing for not challenging these points. See St…
Authorities Cited
- Karchesky v. State, 591 So. 2d 930 (Fla. 1992)
- Boland v. State, 613 So. 2d 72 (Fla. 4th DCA 1993)
- Dickson v. State, 826 So. 2d 412 (Fla. 2d DCA 2002)
- Southland Corp. & Kemper Ins. Grp. v. Crawford, 827 So. 2d 356 (Fla. 1st DCA 2002)