Russell v. State

On Motion to Enforce Mandate

COPE, J.

Oliver Russell has moved to enforce the mandate in Russell v. State, 786 So.2d 54 (Fla. 3d DCA 2001). We conclude that further proceedings are necessary and grant the motion.

On remand from this' court’s previous decision, the State submitted a revised scoresheet to the trial court as well as documentation indicating that defendant-appellant Russell was under legal constraint at the time he committed his current crime. Based on those materials, the trial court concluded that the defendant’s sentencing range had not changed, and that he was not entitled to be…