Lanier v. State, 85-2040
| Decision Date | 27 November 1985 |
| Docket Number | No. 85-2040,85-2040 |
| Citation | 10 Fla. L. Weekly 2629,478 So.2d 1184 |
| Parties | 10 Fla. L. Weekly 2629 Raymond Walter LANIER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Defendant, Raymond Lanier, appeals the summary denial of his motion for post-conviction relief. We reverse.
In 1983 defendant received a fifteen-year sentence for unarmed robbery, the maximum permissible by law. His conviction was affirmed without opinion. Lanier v. State, 456 So.2d 1188 (Fla. 2d DCA 1984). Primarily due to his extensive past record as indicated by the presentence investigation report the sentence was shown to be within the range provided by the sentencing guidelines.
In his motion defendant claimed that his trial counsel was ineffective because of the failure to object to certain guideline scoresheet errors affecting the length of defendant's presumptive sentence. To cite one example, defendant alleged that certain offenses scored as felonies, as indicated on the PSI, actually had been reduced to misdemeanors. He stated that he had apprised trial counsel of these inaccuracies. We conclude that the motion presents at least a prima facie showing of entitlement to relief.
In the absence of a contemporaneous objection, scoresheet inaccuracies not determinable on the basis of the record on appeal are not preserved for direct appellate review. Dailey v. State, 471 So.2d 1349 (Fla. 1st DCA 1985). Nor may the issue of a scoresheet inaccuracy be raised in a motion for post-conviction relief. Wahl v. State, 460 So.2d 579 (Fla. 2d DCA 1984).
The state may in a proper case be required to produce competent evidence to corroborate hearsay in a PSI report upon challenge by the defendant. See Rodriguez v. State, 472 So.2d 1294 (Fla. 5th DCA 1985). If there were prejudicial errors on the scoresheet and defense counsel knew of their possible existence and took no steps to ascertain whether there were errors and, if so, to correct or object to them, we cannot say that ineffective assistance of counsel did not occur.
We remand to the trial court with directions to either afford defendant a hearing on his claim of ineffective assistance of counsel or to attach portions of the record sufficient to refute defendant's claim. If the court again denies the motion, defendant must file a notice of appeal within thirty days to obtain further appellate review.
Reversed.
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Booker v. State, s. 85-408
...nor does he argue on this appeal that the scoresheet is, in fact, incorrect. Therefore, error, if any, is harmless. Cf. Lanier v. State, 478 So.2d 1184 (Fla. 2d DCA 1985). Further, we reject the defendant's fourth contention that the trial court erred by departing from the guidelines recomm......
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...can in some instances constitute ineffective assistance of counsel. Lang v. State, 571 So.2d 487 (Fla. 2d DCA 1990); Lanier v. State, 478 So.2d 1184 (Fla. 2d DCA 1985). Huffman does not make this claim, and in any event would be barred from doing so by the two-year limitations period establ......
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DiSavoia v. State, 88-381
...in a motion for postconviction relief except under circumstances indicating ineffective assistance of counsel. Lomont; Lanier v. State, 478 So.2d 1184 (Fla. 2d DCA 1985). DiSavois has made no such claim. In fact, he has not shown how any "false" prior record affected his sentence. Attached ......
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Brye v. State
...2d DCA 1993); Register v. State, 619 So.2d 498 (Fla. 2d DCA 1993); Pettway v. State, 502 So.2d 1353 (Fla. 2d DCA 1987); Lanier v. State, 478 So.2d 1184 (Fla. 2d DCA 1985). We remand to the trial court with directions to either afford appellant a hearing on his claim of ineffective assistanc......