EDWARD POLMANTEER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while the trial court erred in considering contested prior convictions without corroborating evidence, this issue should have been raised on direct appeal, not in a motion to correct sentence.
Edward Polmanteer appealed the summary denial of his motion to correct or vacate sentence, arguing the court improperly considered contested prior fel…
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PER CURIAM.
Edward Polmanteer timely appeals the summary denial of his motion to correct or vacate sentence. Although we affirm the trial court’s denial of his motion, one of the points raised merits discussion.
Polmanteer contends that at sentencing, the court erred by considering in the guidelines scoresheet prior felony convictions that were contested by Polman-teer. Polmanteer correctly asserts that the court should have required the state to produce corroborating evidence of the challenged prior convictions. Delaine v. State, 486 So. 2d 39 (Fla. 2d DCA 1986). However, this matter should have been raised on direct appeal. Lomont v. State, 506 So. 2d 1141 (Fla. 2d DCA 1987).
Accordingly, we affirm the trial court’s denial of the motion to vacate or correct sentence, without prejudice to Polmanteer seeking direct appellate review of the alleged error by way of a petition for writ of habeas corpus. See State v. Meyer, 430 So. 2d 440 (Fla.1983); Baggett v. Wainwright, 229 So. 2d 239 (Fla.1969).
SCHOONOVER, A.C.J., and HALL and THREADGILL, JJ., concur.
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Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1991)…t errors that are not apparent from the face of the scoresheet may result in an erroneous sentence correctable on direct appeal, but not on a motion pursuant to rule 3.800(a). Lomont v. State, 506 So. 2d 1141 (Fla. 2d DCA 1987); Polmanteer v. State, 557 So. 2d 678 (Fla. 2d DCA 1990); see Fla.R.Crim.P. 3.800(b). Rule 3.800(a) is intended to provide relief for a narrow category of cases in which the sentence imposes a penalty that is simply not authorized by law. It is concerned primarily with whether the term…
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Shaw v. State, 780 So. 2d 188 (Fla. 2d DCA 2001)…errors are apparent from our review of the scoresheet. See Tosco v. State, 724 So. 2d 1223, 1223 (Fla. 3d DCA 1998); Romano v. State, 718 So. 2d 283, 283 (Fla. 4th DCA 1998); Judge v. State, 596 So. 2d 73, 77 (Fla. 2d DCA 1991); Polmanteer v. State, 557 So. 2d 678, 678 (Fla. 2d DCA 1990); Schneider v. State, 512 So. 2d [*191] 308, 308 (Fla. 2d DCA 1987). We also observe that, if Shaw is asserting that victim injury points were wrongly scored for the sexual battery convictions, pursuant to Karchesky v. State,…
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Dellisanti v. State, 602 So. 2d 998 (Fla. 1st DCA 1992)…KAHN, Judge. We affirm the trial court’s order denying appellant’s motion to correct sentence. The relief sought was not appropriate for a 3.800 motion. Polmanteer v. State, 557 So. 2d 678 (Fla. 2d DCA1990); Lomont v. State, 506 So. 2d 1141 (Fla. 2d DCA1987). AFFIRMED. ZEHMER and WOLF, JJ., concur.…
Authorities Cited
- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)
- State v. Meyer, 430 So. 2d 440 (Fla. 1983)
- Lomont v. State, 506 So. 2d 1141 (Fla. 2d DCA 1987)
- Delaine v. State, 486 So. 2d 39 (Fla. 2d DCA 1986)