Miller v. State

HALL, Judge.

Appellant appeals the denial of his motion to correct sentence, contending that his sentencing guidelines scoresheet was prepared in violation of Miller v. Florida, — U.S. —, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), after remand, 512 So.2d 198 (Fla.1987).

Appellant was convicted of two drug-related offenses, one a misdemeanor. He alleges that in January 1985, when these offenses were committed, the existing version of the sentencing guidelines would have called for a prison sentence of three and one-half to four and one-half years. However, in April 1985, after appellant’s arrest but…