Florida District Courts of Appeal, 1993

Polo v. State

Polo v. State
Florida District Courts of Appeal · Decided June 9, 1993 · Danahy, Patterson, Schoonover
619 So. 2d 35; 1993 Fla. App. LEXIS 6458; 1993 WL 197455 (Southern Reporter, Second Series)

Polo v. State

Opinion of the Court

PER CURIAM.

Sergio Polo appeals the summary denial of his motion for postconviction relief. We reverse.

Polo claims that forty victim injury points were improperly added to his score-sheet. If Polo’s claim is true, he is entitled to relief. See Karchesky v. State, 591 So.2d 930 (Fla. 1992); Morris v. State, 605 So.2d 511 (Fla. 2d DCA 1992). The trial court’s order of denial does not conclusively refute Polo’s claim. Accordingly, we reverse and remand for further proceedings in accordance with Morris.

Reversed.

DANAHY, A.C.J., and SCHOONOVER and PATTERSON, JJ., concur.

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