Kerr v. State

Orville Patrick Kerr appeals the denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part, reverse in part, and remand for further proceedings.

Kerr raised three grounds for relief in his motion. The first two grounds are not facially sufficient; therefore, the denial of those allegations is affirmed. The third allegation challenges the legality of Kerr’s guidelines sentence on the basis that his offenses predated the effective date of the sentencing guidelines and he did not affirmatively elect guidelines sentencing. If this…