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779 So. 2d 551

Cammilleri v. State

District Court of Appeal of Florida

Decided January 19, 2001

District Court of Appeal of Florida · decided 2001-01-19

Cited by 1 later decisions — most recently August 2002

1 state decisions

Relies on Nastri v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-01-19

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PER CURIAM.

¶1Christopher Cammilleri appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm in part and reverse in part.

¶2Cammilleri stated that he was sentenced after he entered a plea agreement which required that he be given a guidelines sentence. He now contends that he was improperly assessed fifty-four victim injury points because the information filed against him does not allege any victim injury. This is a facially sufficient claim which the trial court did not address. See Nastri v. State, 775 So.2d 355 (Fla. 2d DCA 2000). On remand, the trial court must reconsider this claim.

¶3Cammilleri also contended that the trial judge expressed impermissible bias when resentencing him. This claim is not cognizable in a rule 3.800 motion, and the trial court is affirmed in its denial of this claim.

¶4Affirmed in part, reversed in part, and remanded.

FULMER, A.C.J., and STRINGER and DAVIS,-JJ., concur.
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