Supreme Court of Florida

Jamie Lee Tasker v. State of Florida

November 10, 201035 Fla. L. Weekly Supp. 658

Summary

The Court held that a defendant may raise an error involving victim-injury points on an initial sentencing scoresheet for the first time in a timely Rule 3.800(b)(2) motion filed during an appeal from sentencing after probation revocation. It further held that the statutory limitation on reviewing only proceedings after the probation order did not bar review because the post-revocation sentencing and the Rule 3.800(b)(2) proceeding occurred after probation was imposed. The Court quashed the First District's decision and remanded for consideration of whether the points were improperly assessed. Justice Canady concurred on narrower procedural grounds, while Justice Polston dissented and would have found the claim barred.