Cruz v. State

Appellant challenges the summary denial of a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 after having been found to have violated his probation for DUI manslaughter. He raises four issues, two of which we address: (1) whether counsel was ineffective in failing to object to the scoring of victim injury points for a victim not named in the information; and (2) whether the record conclusively shows that appellant was given the correct jail credit. We reverse on both issues.

Appellant was convicted, based on a plea, in 1991 of DUI manslaughter. He was…