FRANKLIN CORONA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Following a jury trial, appellant was convicted of possession of cannabis, possession of drug paraphernalia, conspiracy to commit robbery with a deadly weapon, and solicitation to commit robbery with a deadly weapon. The trial court calculated a scoresheet and sentenced appellant to consecutive 15-year terms on the conspiracy and solicitation charges. On appeal, this court reversed the conviction on the conspiracy charge. Corona v. State, 814 So. 2d 1184 (Fla. 4th DCA 2002). The trial court subsequently vacated the conspiracy charge, thus rendering the scoresheet incorrect. Appellant’s request for resentencing was denied. In the instant motion for post-conviction relief, appellant asserts that he is entitled to be resentenced on a properly calculated scoresheet.
We find the claim raised by the appellant to be legally sufficient for a motion for post-conviction relief, reverse the summary denial of relief, and remand this case to the trial court for resentencing because the record does not conclusively demonstrate that the trial court would have given the same sentence had it known the correct score. See State v. Anderson, 905 So. 2d 111 (Fla.2005).
GUNTHER, SHAHOOD and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cosby v. State, 913 So. 2d 93 (Fla. 5th DCA 2005)…88 (Fla. 5th DCA 2004). Similarly, even the trial court’s denial of the defendant’s request for resentencing does not conclusively demonstrate that the trial court would have given the same sentence with the correct scoresheet. See Corona v. State, 906 So. 2d 1202 (Fla. 4th DCA 2005) (holding appellant was entitled to be resentenced because the record did not conclusively demonstrate that the trial court would have given the same sentence had it known the correct score). In this case, the portion of the trans…
Authorities Cited
- State v. Anderson, 905 So. 2d 111 (Fla. 2005)
- Corona v. State, 814 So. 2d 1184 (Fla. 4th DCA 2002)