Carlos Tonyo Cabrera v. Ricky D. Dixon, Secretary, Florida Department of Corrections
DueProcess
I. WHETHER A COURT OF COMPETENT JURISDICTION VIOLATED PETITIONER'S DUE PROCESS RIGHT WHEN IT IMPOSED LIFE SENTENCES BASED ON AN ERRONEOUS SCORESHEET THAT INCLUDED PRIOR RECORD POINTS SUBSTANTIATED SOLELY BY A PROSECUTOR'S ORAL HEARSAY PROFFER OF PRIOR CONVICTIONS, THAT DID NOT EXIST AS A MATTER OF LAW BECAUSE THEY HAD BEEN VACATED AND REPLACED WITH BLANK JUDGMENTS LACKING ANY INFORMATION AS TO THE OFFENSES OF CONVICTION?
II. WHETHER A STATE COURT OF COMPETENT JURISDICTION VIOLATED PETITIONER'S PROCEDURAL DUE PROCESS BY REFUSING TO RESOLVE A PROPERLY RAISED FACIALLY SUFFICIENT CLAIM ALLEGING AN ILLEGAL SENTENCE THAT IS EVIDENT FROM THE FACE OF THE RECORD?
Whether a court violated a petitioner's due process rights by imposing life sentences based on an erroneous scoresheet using unsubstantiated prior convictions and refusing to resolve an illegal sentence claim