Carey v. State
District Court of Appeal of Florida
1Opinion of the Court
SALCINES, Judge.
Kevin Carey appeals the denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse because his scoresheet contains an incorrect calculation on its face that may affect his sentence.
The record in this case is very abbreviated, but it appears that Mr. Carey committed an aggravated battery in August 1996. He apparently received an initial sentence that included a period of probation. The original sentencing occurred prior to the decision in Heggs v. State, 759 So.2d 620 (Fla.2000), and his initial score-sheet was prepared using the 1995…
2Cases cited1 opinion
- Heggs v. StateSupreme Court of Florida · 2000
3Cited by1 opinion
- Breitenbach v. BreitenbachDistrict Court of Appeal of Florida · 2003