Davis v. State, 657 So. 2d 1242 (Fla. 2d DCA 1995). · Go Syfert
Davis v. State, 657 So. 2d 1242 (Fla. 2d DCA 1995). Cases Citing This Book View Copy Cite
No syfertize treatment data for this case.
Retrieving the full opinion text from the archive…
Gregory Lee DAVIS
v.
STATE of Florida
No. 95-01345.
District Court of Appeal of Florida, Second District.
Jul 7, 1995.
Published opinion
657 So. 2d 1242
1995 Fla. App. LEXIS 7325
1995 WL 396357
Altenbernd, Ryder, Schoonover.
Published
PER CURIAM.

Gregory Lee Davis appeals the summary denial of his motion to correct illegal sentence. We reverse and remand because the trial court incorrectly denied relief on the basis that the motion raised the same issue for which relief had been previously granted. On remand, the trial court must consider the substance of Davis’ claim that although he entered into a negotiated plea agreement through which he would receive a guidelines sentence, the scoresheet prepared at sentencing factors in counts for which Davis was sentenced as a habitual offender. Davis complains that this improper scoring in[*1243]creased the length of the sentences imposed pursuant to the plea agreement.

Unless the record conclusively demonstrates that Davis is not entitled to relief, the court shall conduct an evidentiary hearing. If the court again concludes that summary denial is proper, it must attach to its order those portions of the record which refute Davis’ claim.

Reversed and remanded.

RYDER, A.C.J., and SCHOONOVER and ALTENBERND, JJ., concur.