Miller v. State

Marcus Miller appeals the trial court’s order summarily denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings.

Miller alleged that his trial counsel was ineffective for failing to object to the scoring of numerous juvenile misdemeanors on his scoresheet, which were not scorable under Florida Rule of Criminal Procedure 3.701(d)(5)(G), as they were beyond the three-year time limitation created by the rule.1 Miller alleged his counsel should have been aware that the rule was applicable to his case…