ERNEST ORSI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that even if a sentencing guidelines scoresheet contains errors, relief is not warranted if the sentence would have been the same regardless of the error.
Ernest Orsi pleaded guilty to attempted sexual battery and received a twenty-year sentence, which was a departure from the recommended guidelines. Ors…
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FRANK, Judge.
Ernest Orsi appeals from an order summarily denying his motion for postconviction relief. We affirm.
Orsi is serving a twenty-year sentence for attempted sexual battery. The sen tence followed a guilty plea and, although the sentence was a departure from the recommended guidelines range, Orsi did not appeal. Orsi now claims that his sentencing guidelines scoresheet was miscalculated. He appears to be correct.
Errors in a sentencing guidelines scoresheet which result in an illegal sentence may be corrected at any time pursuant to Florida Rule of Criminal Procedure 3.800(a). State v. Whitfield, 487 So. 2d 1045 (Fla.1986). We have recognized that a scoresheet error may require correction even where the imposed sentence represents a valid departure from the presumptive sentence. Brown v. State, 508 So. 2d 522 (Fla. 2d DCA 1987). Nevertheless, for the reasons which follow, we conclude that Orsi is not entitled to relief. The record reflects that Orsi originally was charged with sexual battery, a capital felony. § 794.011(2), Fla.Stat. (1987). Rather than face the possibility of receiving a mandatory life sentence Orsi was permitted to plead to the reduced charge of attempted sexual battery. In exchange for the reduction, Orsi stipulated to the twenty-year sentence. Under similar circumstances the court in Grimes v. State, 499 So. 2d 42 (Fla. 1st DCA 1986), upheld a departure guidelines sentence. We are convinced that Orsi would have received the same sentence notwithstanding the scoresheet error. Therefore a remand for the correction of the scoresheet and for resentencing would serve no useful purpose. Brown.
Affirmed.
RYDER, A.C.J., and LEHAN, J., concur.
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Citator
Cited By (17 total)
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Silas v. Morris, 605 So. 2d 511 (Fla. 2d DCA 1992)…ituation is somewhat more complicated than the two foregoing eases, in that it is not clear that the Karchesky error has prejudiced him. First of all, the state appears to have given up its right to pursue a capital life sentence. Cf. Orsi v. State, 515 So. 2d 268 (Fla. 2d DCA 1987) (quid pro quo of plea bargain may justify guideline departure). The specific length of the sentence, including consecutive probation, was made a specific condition of the plea. Although a guideline [*514] scoresheet was prepared —…
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Louie Anthony Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA 1991)…the same sentence not withstanding the scoresheet error, such as where the sentence was imposed in accordance with a valid plea agreement, have the sentences been affirmed under the harmless error doctrine despite the erroneous score. Orsi v. State, 515 So. 2d 268 (Fla. 2d DCA 1987). Applying the parameters of harmless error discerned from these cases, we conclude that the erroneous scoresheet calculation in this case cannot be treated as harmless. The trial court, using the score-sheet then before it, impos…
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Wilson v. State, 622 So. 2d 529 (Fla. 2d DCA 1993)…error in Wilson’s guideline score-sheet. As to this the circuit court found, and we agree, that any computational error in the scoresheet is immaterial since Wilson agreed to the specific length of the sentences that he received. Cf. Orsi v. State, 515 So. 2d 268 (Fla. 2d DCA1987). There is no indication that Wilson’s plea negotiation contemplated a guideline sentence, as occurred in such cases as Cannon v. State, 548 So. 2d 1182 (Fla. 2d DCA1989). We affirm the trial court on this issue also. It is debatab…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Whitfield, 487 So. 2d 1045 (Fla. 1986)
- Brown v. State, 508 So. 2d 522 (Fla. 2d DCA 1987)
- Grimes v. State, 499 So. 2d 42 (Fla. 1st DCA 1986)