Jolly v. State

WHATLEY, Acting Chief Judge.

Thomas D. Jolly timely appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse on the summary denial of his claim that his plea was involuntary after Heggs v. State, 759 So.2d 620 (Fla.2000). We affirm without comment the denial of his other claims.

We note first that the trial court has incorrectly scored Jolly’s primary offense on the 1994 sentencing guidelines. Chapter 95-184, section 14, at 1703, Laws of Florida, amended how attempted crimes are scored on the sentencing guidelines.…