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Ponton v. State

District Court of Appeal of Florida, Third District
Oct 10, 2001
796 So. 2d 630 (Fla. Dist. Ct. App. 2001)

Summary

affirming denial of motion to correct sentencing error

Summary of this case from Ponton v. Willis

Opinion

Case No. 3D01-2015

Opinion filed October 10, 2001.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Marc Schumacher, Judge. Lower Tribunal No. 96-6548.

Gregory Ponton, in proper person. Robert A. Butterworth, Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and SORONDO, JJ.


The appellant seeks review of the adverse portion of the following order denying in part and granting in part his motion for post-conviction relief:

1. As to counts 2 — 16 of the information, the defendant was sentenced as a Habitual Violent Felony offender to three consecutive LIFE sentences with three consecutive 15 year minimum mandatory sentences, the maximum sentence provided by law. This Court did not utilize the guideline scoresheet in determining this sentence. Because the defendant has not been adversely affected by the 1995 guidelines, he is not entitled to be re-sentenced. Rodriguez v. State, 766 So.2d 1147 (Fla. 3d DCA 2000); Melgares v. State, 762 So.2d 921 (Fla. 3d DCA 1999). Therefore, the defendant's Motion to Correct Sentence in Counts 2 through 16 is hereby DENIED.

2. The defendants's Motion to Correct Sentence as to Count 1 of the Information, Armed Burglary with an Assault (a life felony), is hereby GRANTED. Everett v. State, 770 So.2d 192 (Fla. 2d DCA 2000), Peters v. State, 769 So.2d 490 (Fla. 4th DCA 2000).

The order is correct in all respects and is Affirmed.


Summaries of

Ponton v. State

District Court of Appeal of Florida, Third District
Oct 10, 2001
796 So. 2d 630 (Fla. Dist. Ct. App. 2001)

affirming denial of motion to correct sentencing error

Summary of this case from Ponton v. Willis
Case details for

Ponton v. State

Case Details

Full title:GREGORY PONTON, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Oct 10, 2001

Citations

796 So. 2d 630 (Fla. Dist. Ct. App. 2001)

Citing Cases

Ponton v. Willis

for writ of certiorari); Ponton v. State, 106 So.3d 946 (Fla. 3d DCA 2012) (denying petition for belated…