Lindsay v. State

I agree that a scoring error should be considered under rule 3.850, notwithstanding the defendant’s failure to raise the issue on direct appeal. Therefore, similarly, petitioner is entitled here to question departure reasons that the record shows were also scored. However, although it is not an issue here, I do not agree that an invalid departure reason alone, unrelated to a scoring issue, should be considered for the first time under rule 3.850. I would recede to that extent from Braddy v. State. See, e.g., Gonzalez-Osorio v. State, 535 So.2d 644 (Fla. 2d DCA 1988), rev. denied, 544 So.2d…