Legal Opinion

Hale v. State

District Court of Appeal of Florida

Decided December 28, 2015No. 1D14-2600Published

1Opinion of the CourtWolf, J.

Appellant challenges the denial of his Florida Rule of' Criminal Procedure 3.800(b)(2) motion in which he alleged the trial court erred in relying- on the State’s scoresheet which- re-categorized appellant’s victim injury points from the original category of “death” points to the higher-point category of “second-degree murder.” Appellant also challenges his judgment and sentence,' alleging that the trial court lacked the jurisdiction to sentence:him on counts 3 and 5. Because there is no dispute that appellant was originally convicted of second-degree murder, we find no error in assessing…

2Cases cited4 opinions

  1. Roberts v. StateSupreme Court of Florida · 1994
  2. Kingsley v. StateDistrict Court of Appeal of Florida · 1996
  3. Aponte v. StateDistrict Court of Appeal of Florida · 2002
  4. Robinson v. StateDistrict Court of Appeal of Florida · 2008

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