ALLEN BRUNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1992-06-10
No. 91-2891
LETTS, GUNTHER and STONE, JJ., concur.
600 So. 2d 1234 Florida District Court of Appeal, Fourth District (1992) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on the authority of State v. Adams, 342 So. 2d 818 (Fla.1977) and Thomas v. State, 566 So. 2d 613 (Fla. 4th DCA 1990), quashed on other grounds, 593 So. 2d 219 (Fla.1992).

AFFIRMED.

LETTS, GUNTHER and STONE, JJ., concur.


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    …rgument that rule 3.800(a) is not the proper vehicle to raise the issue of whether the guideline scoresheet calculations are in error. The use of no scoresheet or the wrong score- [*858] sheet may be raised in a rule 3.800(a) motion. White v. State, 600 So. 2d 1234 (Fla. 2d DCA1992). We therefore reverse the trial court’s denial of appellant’s rule 3.800(a) motion, and remand for resentencing consistent with this opinion. GUNTHER, POLEN and FARMER, JJ., concur.…
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    …fense. His claim was therefore that the wrong scoresheet was used for purposes of sentencing for both the probation violation and the 1994 crime. The use of the wrong scoresheet is a valid ground for relief under Rule 3.800(a). See White v. State, 600 So. 2d 1234 (Fla. 2d DCA 1992); Schneider v. State, 512 So. 2d 308 (Fla. 2d DCA 1987). White and Schneider pre-date the decisions in Davis v. State, 661 So. 2d 1193 (Fla.1995); and State v. Callaway, 658 So. 2d 983 (Fla.1995), which defined an “illegal” sentenc…

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