Ganey v. State

SILBERMAN, Judge.

Joseph R. Ganey, Jr., pro se, appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Ganey argues that his no contest plea was not knowingly and voluntarily entered because it was based on incorrect information as to his sentencing guidelines range. We agree and reverse.

In December 1997 Ganey pleaded no contest to charges of DUI manslaughter (count I) and DUI with property damage or personal injury (count II). The sentencing guidelines scoresheet showed a sentencing range of 11.5 to 19.2 years’ imprisonment.…