CEDRIC SAMUEL DENSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Cedric Samuel Denson appeals from the summary denial of his motion to correct a scrivener’s error. We will treat the original petition as a motion to correct a sentence pursuant to Florida Rule of Criminal Procedure 3.800(b). See Thomas v. State, 763 So. 2d 316 n. 1 (Fla.2000)(“It is clear that the defendant or the State may seek to correct a scrivener’s error by filing a motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(b).”).
On appeal from a summary denial, this court must reverse unless the post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. RApp.P. 9.141(b)(2)(A) & (D). Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief.
Reversed and remanded for further proceedings.
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Cutts v. State, 940 So. 2d 1246 (Fla. 2d DCA 2006)…1285 (Fla. 2d DCA 2006); Burrows v. State, 890 So. 2d 286, 287 (Fla. 2d DCA 2004), review denied, 914 So. 2d 952 (Fla.2005). In so holding, we have aligned ourselves with the Third, Fourth, and Fifth District Courts of Appeal. See Langford v. State, 929 So. 2d 598 (Fla. 5th DCA 2006); Thomas v. State, 914 So. 2d 27 (Fla. 4th DCA 2005); Galindez v. State, 910 So. 2d 284 (Fla. 3d DCA 2005), review granted, 925 So. 2d 1030 (Fla.2006). We also agree with Judge Kahn’s observation in his dissent in Isaac that the F…
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Rouse v. State, 965 So. 2d 201 (Fla. 5th DCA 2007)…g the inclusion of any victim injury points, as no jury finding was made on that issue. The trial court found that the points for his prior offense were appropriate and denied his Apprendi claim, relying on this Court’s opinion in Langford v. State, 929 So. 2d 598 (Fla. 5th DCA 2006). Mr. Rouse contends that because the jury made no finding of victim injury, the trial court’s inclusion of victim injury points on his sentencing scoresheet violated his Sixth Amendment right to have all facts increasing his sen…
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Maynor E. Monnar v. State, 939 So. 2d 251 (Fla. 1st DCA 2006)…tanding future resen-tencing proceedings post-Blakely, and certifying conflict with Isaac), review pending, SC05-1341 (Fla. filed July 29, 2005); Garcia v. State, 914 So. 2d 29 (Fla. 4th DCA 2005) (certifying conflict with Isaac); Langford v. State, 929 So. 2d 598 (Fla. 5th DCA 2006) (certifying conflict with Isaac). Furthermore, even though appellant was resentenced prior to Blakely, the holding of Blakely applies to appellant’s case because Blakely is a clarification of Apprendi. See Isaac, 911 So. 2d at 81…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Thomas v. State, 763 So. 2d 316 (Fla. 2000)
- Charles v. State, 763 So. 2d 316 (Fla. 2000)