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Florida District Courts of Appeal, 2004

Greenler v. State

Greenler v. State
Florida District Courts of Appeal · Decided November 30, 2004 · Allen, Benton, Davis
888 So. 2d 139; 2004 Fla. App. LEXIS 18085; 2004 WL 2725148 (Southern Reporter, Second Series)

Greenler v. State

Opinion of the Court

PER CURIAM.

The appellant challenges the summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The outcome of this appeal is controlled by our decision in Holt v. State, 808 So.2d 290, 291-92 (Fla. 1st DCA 2002). Accordingly, as in Holt, we reverse and remand for resentencing scoring the primary offense as a Level 7 offense pursuant to the 1994 guidelines.

REVERSED and REMANDED, with directions.

ALLEN, DAVIS and BENTON, JJ., concur.

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