Florida District Courts of Appeal, 2001

Ybarra v. State

Ybarra v. State
Florida District Courts of Appeal · Decided September 24, 2001 · Browning, Polston, Webster
794 So. 2d 752; 2001 Fla. App. LEXIS 13382; 2001 WL 1111516 (Southern Reporter, Second Series)

Ybarra v. State

Opinion of the Court

PER CURIAM.

We reverse and remand for the trial court to either attach documents conclusively demonstrating appellant is not entitled to resentencing under the 1994 guidelines, or to reconsider the motion pursuant to Heggs v. State, 759 So.2d 620 (Fla. 2000), and Trapp v. State, 760 So.2d 924 (Fla. 2000). We hold the appellant’s remaining claims regarding double jeopardy, the scoring of his primary offense, and his alleged entitlement to 320 days of jail credit are meritless or facially insufficient.

Affirmed in part and reversed and remanded in part.

WEBSTER, BROWNING and POLSTON, JJ., concur.

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