Florida District Courts of Appeal, 2010

Crain v. State

Crain v. State
Florida District Courts of Appeal · Decided November 22, 2010 · Marstiller, Padovano, Roberts
48 So. 3d 927; 2010 Fla. App. LEXIS 18067; 2010 WL 4722495 (Southern Reporter, Third Series)

Crain v. State

Opinion

PER CURIAM.

The appellant appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The appellant asserts that he was sentenced pursuant to an incorrectly calculated scoresheet. The state concedes that he is entitled to be resen-tenced. See State v. Anderson, 905 So.2d 111 (Fla. 2005) (“would-have-been imposed” test applies to scoresheet error claims raised in rule 3.850 motions). Thus, we reverse and remand for the appellant to be resentenced pursuant to a correctly calculated scoresheet. We otherwise affirm the summary denial of the appellant’s motion.

AFFIRMED in part, REVERSED in part, and REMANDED for resentencing.

PADOVANO, ROBERTS, and MARSTILLER, JJ., concur.

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