green
Positive treatment
5.3 score
Top citers, strongest first. 2 distinct citers.
cited
Cited "see"
Ronnie Tramontano, Jr. v. State of Florida
See Tramontano v. State, 778 So.2d 449 (Fla. 4th DCA 2001), rev. denied, Tramontano v. State, 800 So.2d 617 (Fla.2001).
discussed
Cited "see, e.g."
Akeen Kadoni Paul v. State of Florida
“In determining the existence of a conspiracy, a court must rely upon evidence independent of the hearsay statements to prove the conspiracy before the coconspirator’s hearsay statements are admissible.” Foster v. State, 679 So. 2d 747, 753 (Fla. 1996); see also Tramontano v. State, 778 So. 2d 449, 450 (Fla. 4th DCA 2001) (holding that the statements of the co- conspirator were properly admitted against the appellant because the State presented sufficient independent evidence of a conspiracy).
Maurice HALL
v.
The STATE of Florida
v.
The STATE of Florida
No. 3D00-3151.
District Court of Appeal of Florida, Fourth District.
Mar 7, 2001.
Maurice Hall, in proper person., Robert A. Butterworth, Attorney General, and Barbara A. Zappi, Assistant Attorney General, for appellee.
Cope, Fletcher, Sorondo.
Published
Maurice Hall appeals an order denying his motion for postconviction relief. He contends that his sentencing guidelines scoresheet was erroneously prepared using the 1995 sentencing guidelines, and that on account of Heggs v. State, 759 So.2d 620 (Fla.2000), he is entitled to be resentenced. We disagree.
The record reflects that as part of the plea bargain, defendant-appellant Hall was sentenced as a habitual violent felony offender. That being so, the sentencing guidelines were not applicable and defendant is not entitled to be resentenced. Hepburn v. State, 778 So.2d 448 (Fla. 3d DCA 2001); Rodriguez v. State, 766 So.2d 1147 (Fla. 3d DCA 2000).
Affirmed.