Florida District Courts of Appeal, 1993

Gissendanner v. State

Gissendanner v. State
Florida District Courts of Appeal · Decided December 15, 1993 · Anstead, Polen, Stone
627 So. 2d 615; 1993 Fla. App. LEXIS 12403; 1993 WL 517271 (Southern Reporter, Second Series)

Gissendanner v. State

Opinion of the Court

PER CURIAM.

We affirm the denial of appellant’s motion for post-conviction relief without prejudice to appellant to petition the trial court to set aside his sentence because the sentencing scoresheet appears to be facially in error.

ANSTEAD and STONE, JJ., concur. POLEN, J., concurs in part and dissents in part with opinion.

Concurring in Part

POLEN, Judge,

concurring in part and dissenting in part.

I agree the trial court correctly denied appellant’s motion for post-conviction relief based on his claim of ineffective assistance of counsel. However, I would hold that appellant has already demonstrated error as to the sentencing guideline scoresheet calculations. We should reverse and remand for resen-tencing, based on a correctly scored guideline scoresheet, without requiring appellant to file yet another petition in the trial court.

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