DARRELL M. BOERSTLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Defendant's sentence was not rendered illegal by a scoresheet error because he had agreed to the specific sentence as part of a valid plea agreement that did not condition the plea on compliance with sentencing guidelines.
A sentence imposed pursuant to a valid plea agreement is not illegal merely because a scoresheet error caused it to exceed the guidelines range, when the plea agreement does not condition the sentence on guideline compliance.
[1] A sentence imposed pursuant to a valid plea agreement that does not condition the sentence on guideline compliance is not rendered illegal by a scoresheet error that caus…
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Join FLexlaw to unlock all legal intelligenceBoerstler pleaded guilty to sexual battery and burglary in exchange for concurrent 19-year sentences and the state's agreement to nolle pros an aggrav…
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PER CURIAM.
Darrell M. Boerstler appeals the denial of his motion to correct an illegal sentence filed pursuant to Fla.R.Crim.P. 3.800(a). Boerstler alleged his scoresheet erroneously included 40 points for victim injury, citing Karckesky v. State, 591 So. 2d 930 (Fla. 1992). The trial court denied his motion, finding that, while the points had been assessed erroneously, Boerstler had agreed to his 19-year sentence as part of a plea agreement, citing Gainer v. State, 590 So. 2d 1001 (Fla. 1st DCA 1991). We agree with the trial court and affirm.
Boerstler pled guilty to sexual battery and burglary in return for concurrent 19-year terms and the state’s agreement to nolle pros an aggravated battery charge and waive a three-year minimum mandatory term. The written plea agreement does not reflect that the plea was conditioned on 19 years being within the sentencing guidelines. Thus the sentence, imposed in accordance with a valid plea agreement, is not rendered illegal due to the circumstance that, because of a scoresheet error, it exceeded the actual guidelines range. As in Gainer, our affirmance is without prejudice to Boerstler filing an appropriate motion for collateral relief as to the voluntariness of his plea.
AFFIRMED.
JOANOS, ALLEN and WOLF, JJ., concur.
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Cited By (18 total)
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Durwin D. Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000)…3 (Fla. 5th DCA 1995)(score-sheet error harmless when based on plea bargain); Gentile v. State, 673 So. 2d 76 (Fla. 5th DCA 1996)(if negotiated plea is not conditioned upon a specific guideline range, any error will be harmless); Boerstler v. State, 622 So. 2d 184 (Fla. 1st DCA 1993)(sentence imposed in accordance with valid plea agreement will not be rendered illegal due to scoresheet error). Here, the record indicates that the defendant voluntarily entered into a plea agreement that was not conditioned upon…
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Goosby v. State, 625 So. 2d 876 (Fla. 1st DCA 1993)…PER CURIAM. AFFIRMED. See Boerstler v. State, 622 So. 2d 184 (Fla. 1st DCA 1993); Gainer v. State, 590 So. 2d 1001 (Fla. 1st DCA 1991). ZEHMER, C.J., and SMITH and KAHN, JJ., concur.…
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Melville Joseph Corp v. State, 698 So. 2d 1349 (Fla. 1st DCA 1997)…ines, then he would not be entitled to relief, as any scoresheet error would be harmless for purposes of rule 8.800. See Skidmore v. State, 688 So. 2d 1014 (Fla. 3d DCA 1997); Russell v. State, 656 So. 2d 203 (Fla. 5th DCA 1995); Boerstler v. State, 622 So. 2d 184 (Fla. 1st DCA 1993). Although the trial court’s ruling is not inconsistent with this reasoning, the court failed to attach to its order the pertinent information upon which it relied. Therefore, we must reverse and remand. If on remand the trial cou…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Karchesky v. State, 591 So. 2d 930 (Fla. 1992)
- Gainer v. State, 590 So. 2d 1001 (Fla. 1st DCA 1991)