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Mancini v. State

District Court of Appeal of Florida, Fourth District
Jul 18, 2001
789 So. 2d 1207 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 4D01-853

Opinion filed July 18, 2001

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joyce A. Julian, Judge; L.T. Case No. 91-4892CF10.

Wayne Mancini, DeFuniak Springs, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Bart Schneider, Assistant Attorney General, West Palm Beach, for appellee.


We reverse the denial of Wayne Mancini's motion to correct illegal sentence in which he made a facially sufficient claim that his sentencing guidelines score sheet improperly added points for counts for which he had been sentenced as a habitual offender. The case is remanded for further proceedings on the merits of Mancini's motion.

We again reject the state's argument that denial was required because Mancini did not physically attach a copy of his score sheet to his motion. See Ferguson v. State, 746 So.2d 1171, 1172 (Fla. 4th DCA 1999).

POLEN, C.J., WARNER and SHAHOOD, JJ., concur.


Summaries of

Mancini v. State

District Court of Appeal of Florida, Fourth District
Jul 18, 2001
789 So. 2d 1207 (Fla. Dist. Ct. App. 2001)
Case details for

Mancini v. State

Case Details

Full title:WAYNE MANCINI, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 18, 2001

Citations

789 So. 2d 1207 (Fla. Dist. Ct. App. 2001)