Marcado v. State

Walvert Marcado appeals an order denying in part his motion for postconviction relief. We affirm in part and reverse in part.

Defendant-appellant Marcado was charged with sexual battery and simple battery for offenses committed June 26, 1997. He entered a no contest plea to the reduced charge of attempted sexual battery in exchange for two years probation and certain especial conditions. The simple battery charge was nol prossed.

Defendant thereafter was charged with violation of probation. At the violation hearing his guidelines were calculated as being 94 months to 154 months in state prison.…