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Marquez v. State

District Court of Appeal of Florida, Third District
May 7, 1997
692 So. 2d 1006 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-3310

Opinion filed May 7, 1997.

An Appeal under Fla. R. App. P. 9.140(i) from the Circuit Court for Dade County, Richard V. Margolius, Judge.

Agustin Marquez, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before FLETCHER, SHEVIN and SORONDO, JJ.


Agustin Marquez appeals an order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

In his motion, Marquez challenged the assessment of victim injury points on his guideline scoresheet. Although the court held a hearing on the motion, it failed to address or resolve this issue. Based on the record before us, we are unable to accept the state's contention that any error as to assessment of these points would be harmless because the court would have imposed the same sentence. See Diaz v. State, 667 So.2d 991 (Fla. 3d DCA 1996). Accordingly, we reverse and remand for a hearing addressing the propriety of the assessed victim injury points. See McClendon v. State, 679 So.2d 1255 (Fla. 1st DCA 1996).

Reversed and remanded.


Summaries of

Marquez v. State

District Court of Appeal of Florida, Third District
May 7, 1997
692 So. 2d 1006 (Fla. Dist. Ct. App. 1997)
Case details for

Marquez v. State

Case Details

Full title:AGUSTIN MARQUEZ, APPELLANT, vs. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: May 7, 1997

Citations

692 So. 2d 1006 (Fla. Dist. Ct. App. 1997)