Legal Opinion

Durbrow v. State

District Court of Appeal of Florida

Decided May 22, 2009No. 2D08-806Published

1Per curiam

Chad Durbrow appeals the portion of the postconviction court’s order that denied his claim of scoresheet error in his motion to correct illegal sentence under Florida Rule of Criminal Procedure *8183.800(a). He also challenges the sentences imposed after the postconviction court granted his motion in part and resen-tenced him. We affirm the postconviction court’s order without discussion to the extent that it denied Mr. Durbrow’s claim of scoresheet error. But we agree that the postconviction court erred when a successor judge resentenced Mr. Durbrow without a showing that the substitution of…

2Cases cited5 opinions

  1. Clemons v. StateDistrict Court of Appeal of Florida · 2002
  2. Brazley v. StateDistrict Court of Appeal of Florida · 2004
  3. Baskin v. StateDistrict Court of Appeal of Florida · 2005
  4. Gay v. StateDistrict Court of Appeal of Florida · 2005
  5. Awad v. StateDistrict Court of Appeal of Florida · 1978

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