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524 So. 2d 1122

524 So.2d 1122

13 Fla.L.Weekly 1105

Massalene v. State

District Court of Appeal of Florida · decided 1988-05-11

Cited by 1 later decisions — most recently September 1989

1 state decisions

Relies on 463 So. 2d 398 - Davis v. State · 494 So. 2d 298 - Ramos v. STABINSKI & FUNT, PA · 501 So. 2d 81 - Camp v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-05-11

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NIMMONS, Judge.

¶1Appellant appeals from his conviction and sentence for trafficking in cocaine. We affirm the conviction but reverse the sentence and remand for a new sentencing hearing.

¶2At the sentencing hearing, counsel for the defendant challenged a July 1978 grand larceny conviction which appeared on the presentence investigation report and was scored as a prior conviction on the sentencing guidelines, scoresheet. The scoring of such offense placed the defendant in a higher sentence range (cell) in the score-sheet. Counsel informed the court that the defendant claimed that he had never been convicted of such offense and requested a fingerprint check. No effort was made to corroborate such offense. In fact, the trial judge’s response was that the appropriate relief to vindicate such a claim would be a Rule 3.850 post conviction motion. This was error. Stacey v. State, 483 So.2d 542 (Fla. 1st DCA 1986); Davis v. State, 463 So.2d 398 (Fla. 1st DCA 1985); Olivera v. State, 494 So.2d 298 (Fla. 1st DCA 1986); Camp v. State, 501 So.2d 81 (Fla. 1st DCA 1987).

¶3We have reviewed the remaining claims urged by the defendant and find them to be without merit.

¶4Judgment affirmed, sentence reversed, and cause remanded for resentencing.

SMITH, C.J., and BOOTH, JJ., concur.
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