Legal Opinion

Swain v. State

District Court of Appeal of Florida

Decided September 7, 2001No. 2D01-1049PublishedCited by 1 opinion

1Opinion of the Court

STRINGER, Judge.

Calvin Swain appeals the trial court’s summary denial of his motion for postcon-viction relief filed pursuant to Florida Rules of Criminal Procedure 3.800(a) and 3.850. One of Swain’s claims has merit, and on this one issue we reverse. The order of the trial court is affirmed in all other respects,

Swain alleged that two separate score-sheets should have been used for two separate felonies, one of which occurred in 1993, and the other of which occurred after January 1, 1994. The trial court conceded that separate scoresheets should have been used, but denied relief on the…

2Cases cited7 opinions

  1. Heggs v. StateSupreme Court of Florida · 2000
  2. Murphy v. StateDistrict Court of Appeal of Florida · 2000
  3. Clements v. StateDistrict Court of Appeal of Florida · 2000
  4. Newsome v. SingletaryDistrict Court of Appeal of Florida · 1994
  5. Daniels v. StateDistrict Court of Appeal of Florida · 2000

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3Cited by1 opinion

  1. Birdsong v. StateDistrict Court of Appeal of Florida · 2004

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