MITCHELL v. STATE

No. 5D07-2182.

975 So.2d 1197 (2008)

Varian MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 7, 2008.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Respondent.


SAWAYA, J.

Varian L. Mitchell appeals the trial court's summary denial of his rule 3.850 motion for postconviction relief, which alleged ineffective assistance for defense counsel's failure to object to a sentencing scoresheet error. We reverse and remand for an evidentiary hearing or for attachment of the portions of the record that refute Mitchell's claim.

In his motion, Mitchell alleges that the trial court incorrectly scored a previous

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