Russell v. State

Oliver Russell appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We remand for further proceedings.

In 1992 defendant-appellant Russell entered negotiated pleas in six circuit court cases in exchange for a split sentence of incarceration to be followed by a lengthy period of community control and probation.*

In 1996 the court revoked the defendant’s probation in all six cases. This court affirmed the revocation order.

Defendant filed a timely Rule 3.850 motion, contending that there are scoring errors on his scoresheet which, if…