Legal Opinion

Mitchell v. State

District Court of Appeal of Florida

Decided September 1, 2004No. 2D03-4293PublishedCited by 3 opinions

1Opinion of the Court

880 So.2d 1261 (2004)

Toney MITCHELL, Appellant,

v.

STATE of Florida, Appellee.

No. 2D03-4293.

District Court of Appeal of Florida, Second District.

September 1, 2004.

CANADY, Judge.

Toney Mitchell appeals the summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence based on a scoresheet error. We reverse and remand.

Mitchell was convicted of possession of a firearm by a convicted felon and second-degree murder. He was subsequently sentenced to 304.2 months in prison for his second-degree murder conviction, with a three-year minimum mandatory for use of a…

2Cases cited2 opinions

  1. Moore v. StateDistrict Court of Appeal of Florida · 2000
  2. Kelly v. StateDistrict Court of Appeal of Florida · 2001

3Cited by3 opinions

  1. Hoag v. StateDistrict Court of Appeal of Florida · 2009
  2. Gautreaux v. StateDistrict Court of Appeal of Florida · 2012
  3. Speights v. StateDistrict Court of Appeal of Florida · 2012

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