Renick v. State
On a habeas petition alleging ineffective assistance of appellate counsel, the Sixth DCA granted relief in part, finding appellate counsel deficient for failing to file a Rule 3.800(b)(2) motion challenging (1) an erroneous scoresheet that improperly scored probation violations under the violent felony offender of special concern statute, and (2) the defendant's absence when the trial court orally pronounced sentence at a discretionary resentencing. The court remanded for resentencing with a corrected scoresheet and with the defendant present, rather than granting a new appeal.
Key facts
- Defendant Renick was resentenced following a violation of probation conviction, with a scoresheet that improperly scored probation violations under the violent felony offender of special concern statute, and the defendant was absent when the trial court orally pronounced the discretionary resentence.
- On direct appeal, appellate counsel failed to file a Rule 3.800(b)(2) motion to challenge the erroneous scoresheet and defendant's absence at resentencing.
- +2 more key facts with a free trial
Why it matters
This opinion is useful to postconviction and sentencing practitioners handling VOP resentencing cases: it confirms that a scoresheet error is not harmless merely because the same numeric sentence was ultimately imposed… — full analysis with a trial
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