CLIFFORD L. KELLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court held that the record was insufficient to determine if the appellant agreed to the scoring of victim injury points as part of his plea agreement.
Appellant sought to correct his sentence, arguing that 200 points for victim injury were improperly scored under the sentencing guidelines. The trial …
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WOLF, Judge.
Kelly appeals from a final order denying his rule 3.800(a), Florida Rules of Criminal Procedure, motion for correction of sentence.
Appellant asserts that the sentence which was imposed after entry of a negotiated plea exceeds the sentence which could be imposed pursuant to sentencing guidelines. The sole issue concerns the appropriateness of the scoring of 200 points for victim injury.
The trial court found that appellant stipulated to the scoring of 200 points pursuant to the plea agreement and denied Kelly’s motion. We are unable, from the record before us, to ascertain whether the trial court was correct in its ruling. We have been provided a typewritten guidelines scoresheet which indicates that the 200 points were part of a “plea agreement stipulation.” In addition, there is a handwritten scoresheet that provides simply for 200 points for victim injury. Neither sheet was signed by appellant or his counsel.
The written offer of plea which was signed by the judge, the prosecuting attorney, and defense counsel, as well as the appellant, does not mention the 200 points for victim injury. There is also no indication that either scoresheet was attached or incorporated into the offer of plea. No transcript of the entry of the plea has been provided.
Because the record before us is incomplete, we remand for the trial court to attach those portions of the file and record which conclusively show that as part of the plea agreement, appellant agreed to a score of 200 points for victim injury. Hall v. State, 511 So. 2d 676 (Fla. 1st DCA 1987).
BOOTH and ZEHMER, JJ., concur.
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Citator
Cited By
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Kelly v. State, 599 So. 2d 727 (Fla. 1st DCA 1992)…viously before this court, we remanded to the trial court for attachment of portions of the record which indicated that appellant agreed as part of his plea to the scoring of 200 points for victim injury on his guideline score-sheet. Kelly v. State, 578 So. 2d 342 (Fla. 1st DCA 1991). The opinion issued by this court did not expressly say that the case was reversed, nor did it specifically rule on the propriety of the defendant’s motion. Following that opinion, the circuit court did provide us with a transcri…
Authorities Cited
- Hall v. State, 511 So. 2d 676 (Fla. 1st DCA 1987)