Swyck v. State

PER CURLAM.

Gary L. Swyck appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the order of the trial court in part, reverse in part, and remand for reconsideration in accordance with this opinion.

Swyck was sentenced to prison for violation of probation in 1991. The probation resulted from a 1981 conviction. According to Swyck, he opted to be sentenced under the 1987 guidelines for the violation of probation. This court cannot determine if he was given a departure sentence or if he was sentenced pursuant to…