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557 So. 2d 678

Polmanteer v. State

District Court of Appeal of Florida · decided 1990-03-02

Cited by 3 later decisions — most recently January 2001

3 state decisions

Relies on 229 So. 2d 239 - Baggett v. Wainwright · State v. Meyer · 506 So. 2d 1141 - Lomont v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-03-02

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PER CURIAM.

¶1Edward Polmanteer timely appeals the summary denial of his motion to correct or vacate sentence. Although we affirm the trial court’s denial of his motion, one of the points raised merits discussion.

¶2Polmanteer contends that at sentencing, the court erred by considering in the guidelines scoresheet prior felony convictions that were contested by Polman-teer. Polmanteer correctly asserts that the court should have required the state to produce corroborating evidence of the challenged prior convictions. Delaine v. State, 486 So.2d 39 (Fla. 2d DCA 1986). However, this matter should have been raised on direct appeal. Lomont v. State, 506 So.2d 1141 (Fla. 2d DCA 1987).

¶3Accordingly, we affirm the trial court’s denial of the motion to vacate or correct sentence, without prejudice to Polmanteer seeking direct appellate review of the alleged error by way of a petition for writ of habeas corpus. See State v. Meyer, 430 So.2d 440 (Fla.1983); Baggett v. Wainwright, 229 So.2d 239 (Fla.1969).

SCHOONOVER, A.C.J., and HALL and THREADGILL, JJ., concur.
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