OLIVER RUSSELL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Russell moved to enforce the mandate from a prior appellate decision regarding his sentencing. The court granted the motion, finding that further proceedings were necessary on remand to allow Russell to amend his motion alleging uncounseled convictions, address time-served credits, and potentially challenge the State's legal constraint findings.
The court granted Russell's motion to enforce the mandate and remanded for further proceedings, allowing Russell to amend his motion to allege four previous convictions were uncounseled, to address time-served credit claims, and to permit the defense to challenge the legal constraint documentation if a viable basis exists.
[1] A defendant must be afforded an opportunity to amend a motion under Florida Rule of Criminal Procedure 3.850 to allege uncounseled prior convictions.
[2] A defendant may be entitled to additional credit for time served upon remand.
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Join FLexlaw to unlock all legal intelligence“We conclude that further proceedings are necessary and grant the motion.”
The court's holding that Russell was entitled to additional proceedings on remand.
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Join FLexlaw to unlock all legal intelligenceRussell had been previously remanded by this court for resentencing. On remand, the State submitted a revised scoresheet and documentation showing Rus…
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On Motion to Enforce Mandate
COPE, J.
Oliver Russell has moved to enforce the mandate in Russell v. State, 786 So. 2d 54 (Fla. 3d DCA 2001). We conclude that further proceedings are necessary and grant the motion.
On remand from this' court’s previous decision, the State submitted a revised scoresheet to the trial court as well as documentation indicating that defendant-appellant Russell was under legal constraint at the time he committed his current crime. Based on those materials, the trial court concluded that the defendant’s sentencing range had not changed, and that he was not entitled to be resentenced.
In this court’s prior opinion, however, we also indicated that on remand the defendant would be allowed to amend his motion under Florida Rule of Criminal Procedure 3.850 to allege that four of his previous convictions were uncounseled.* The defendant must have an opportunity to submit his amended motion. We remand for that purpose, as well as consideration of the claim that the defendant is owed additional credit for time served.
The defendant also argues that the records presented by the State to the trial court may not be conclusive on the issue of legal constraint. If the defense has a viable basis on which to demonstrate that the defendant’s legal constraint ended at some earlier date, the defense may make that showing on remand.
Motion granted.
*
The defendant asks that we address the applicable standards for the appointment of counsel. That issue should be addressed with the trial court in the first instance.