Brown v. State, BR-288

• Decision Date: 07 August 1987
• Docket Number: No. BR-288,BR-288
• Citation: 510 So.2d 1150,12 Fla. L. Weekly 1916
• Parties: 12 Fla. L. Weekly 1916 Michael BROWN, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 1150

510 So.2d 1150

12 Fla. L. Weekly 1916

Michael BROWN, Appellant, v. STATE of Florida, Appellee.

No. BR-288.

District Court of Appeal of Florida, First District.

Aug. 7, 1987.

An Appeal from the Circuit Court for Duval County; Bill Parsons, judge.

Michael Brown, pro se.

No appearance, for appellee.

PER CURIAM.

The denial of appellant's rule 3.850 motion for post-conviction relief is affirmed on all grounds raised on appeal save one. His challenge to the legality of his sentence based on an error in scoring victim injury on the sentencing guidelines scoresheet may be properly raised by rule 3.800(a) motion. Because this motion should be so treated by the trial court, and because this asserted ground for relief is facially sufficient, denial of the motion on this ground is reversed and the cause remanded for consideration in accordance with Brown v. State, 508 So.2d 522 (Fla. 2d DCA 1987).

AFFIRMED in part, and REVERSED in part.

JOANOS, WIGGINTON and ZEHMER, JJ., concur.