Mays v. State

Justin Mays appeals the summary denial of his motion for postconviction relief which was filed pursuant to Florida Rule of Criminal Procedure 3.850. Though Mays raised several issues, we reverse and remand for review of one point associated with the calculation of his scoresheet.

Mays’ scoresheet reflects fourteen points for a prior offense of burglary of a dwelling. Within his sworn motion Mays alleges that the dwelling was unoccupied, and therefore it is a. level four offense permitting the scoring of only 2.4 points. See § 921.0023, Fla. Stat. (2006).

This claim was not addressed below or in…