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Jones v. State

District Court of Appeal of Florida, Second District
Dec 8, 1999
779 So. 2d 329 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-00351

Opinion filed December 8, 1999.

Appeal from the Circuit Court for Hillsborough County; Diana M. Allen, Judge.

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


Mr. Jones appeals the sentence imposed on his violation of probation. He claims that an unpreservedKarchesky error exists on his sentencing scoresheet. Such an error cannot be reviewed on direct appeal.See State v. Montague, 682 So.2d 1085 (Fla. 1996). It is not apparent on the face of the record that aKarchesky error actually exists in this case. We cannot determine whether Mr. Jones' counsel was ineffective for failing to object to the scoresheet. Accordingly, we affirm without prejudice to Mr. Jones' right to file a timely motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850.

Karchesky v. State, 591 So.2d 930 (Fla. 1992).

Affirmed.

ALTENBERND, A.C.J., and WHATLEY and SALCINES, JJ., Concur.


Summaries of

Jones v. State

District Court of Appeal of Florida, Second District
Dec 8, 1999
779 So. 2d 329 (Fla. Dist. Ct. App. 1999)
Case details for

Jones v. State

Case Details

Full title:SCOTT JONES, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Dec 8, 1999

Citations

779 So. 2d 329 (Fla. Dist. Ct. App. 1999)