ERAZO v. STATE

No. 99-0933.

734 So.2d 516 (1999)

Fabian ERAZO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 19, 1999.


Attorney(s) appearing for the Case

Fabian Erazo, Lawtey, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert R. Wheeler, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Fabian Erazo appeals the summary denial of the postconviction motion he filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, he alleged that his negotiated plea, under which he agreed to an upward departure sentence of 34 m Ct. R. 7.onths, was rendered involuntary by the inclusion in his sentencing guidelines scoresheet of points for an offense for which he had not been convicted. If this allegation is true, the departure sentence...

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