Marshalek v. State
Marshalek v. State
Opinion of the Court
The trial court did not err when it denied appellant’s motion to suppress his statements as involuntary and the record contains sufficient evidence to support appellant’s convictions. Accordingly, we affirm appellant’s convictions.
However, the trial court erred when it scored thirty points on appellant’s guidelines scoresheet for his being under legal constraint at the time of the subject offenses. The court based the additional thirty point score upon two outstanding warrants for appellant’s failure to appear on two traffic charges. At the sentencing hearing, appellant introduced copies of county court orders subsequently recalling the warrants because appellant did not receive notice of the hearings. We hold that
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
Reference
- Full Case Name
- William James MARSHALEK v. STATE of Florida
- Cited By
- 3 cases
- Status
- Published