Legal Opinion

Lewis v. State

District Court of Appeal of Florida

Decided August 31, 1998No. 98-1633PublishedCited by 3 opinions

1Opinion of the Court

WEBSTER, Judge.

Appellant seeks review of the denial of his motion, filed pursuant to Florida Rule of Criminal Procedure 3.800(a), alleging that the trial court had incorrectly calculated his sentencing guidelines scoresheet. We conclude that appellant’s motion stated a facially sufficient claim which is not refuted by the trial court’s order. Accordingly, we reverse.

Appellant’s motion alleged that, in 1989, he pled guilty to a charge of lewd assault. It alleged, further, that he understood that he would receive a guidelines sentence. According to appellant, he was sentenced to 15 years in…

2Cases cited3 opinions

  1. Baldwin v. StateDistrict Court of Appeal of Florida · 1996
  2. Glanton v. StateDistrict Court of Appeal of Florida · 1998
  3. Horton v. StateDistrict Court of Appeal of Florida · 1997

3Cited by3 opinions

  1. Atwood v. StateDistrict Court of Appeal of Florida · 2000
  2. Corey McClain v. State of FloridaDistrict Court of Appeal of Florida · 2015
  3. McCullough v. StateDistrict Court of Appeal of Florida · 2001

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