Gallon v. State

Tyrone Gallon appeals the summary denial of his motion for postconviction relief which was filed pursuant to Florida Rule of Criminal Procedure 8.850. In his motion, Gallon raised three claims, two of which we find may have merit. We reverse as to those two claims. We affirm without discussion the trial court’s denial of Gallon’s remaining claims.

Gallon contends that: 1) his eighty-five month sentence is illegal because the scoresheet included an unscoreable burglary conviction for which he was sentenced as a violent career criminal, and counsel failed to object to the improper calculation on…