Greenler v. State

Full title: Jack E. GREENLER, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Nov 30, 2004

888 So. 2d 139 (Fla. Dist. Ct. App. 2004)

Opinion

No. 1D04-3373.

November 30, 2004.

An appeal from the Circuit Court for Escambia County. Michael Jones, Judge.

Appellant, pro se.

Charlie Crist, Attorney General; Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant challenges the summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The outcome of this appeal is controlled by our decision in Holt v. State, 808 So.2d 290, 291-92 (Fla. 1st DCA 2002). Accordingly, as in Holt, we reverse and remand for resentencing scoring the primary offense as a Level 7 offense pursuant to the 1994 guidelines.

REVERSED and REMANDED, with directions.

ALLEN, DAVIS and BENTON, JJ., concur.