TOOLEY v. STATE

No. 5D04-1799.

902 So.2d 342 (2005)

Brian Patrick TOOLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 27, 2005.


Attorney(s) appearing for the Case

Brian P. Tooley, Sneads, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.


SAWAYA, C.J.

Brian Tooley appeals the order denying his petition for writ of habeas corpus. The issue we must resolve is whether the trial court had jurisdiction to deny the petition. We conclude that it did not.

The petition filed by Tooley challenges the inclusion of 42 victim injury points on his sentencing scoresheet, arguing that he received a higher sentence than he should have because the victim injury points were erroneously calculated. While this...

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