TELLIS BUCHANAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Tellis Buchanan appeals the denial of his post-conviction relief motion challenging his sentencing as exceeding judicial discretion under Florida's sentencing guidelines. The court reversed and remanded because the trial court's order lacked an attached sentencing guidelines scoresheet necessary to determine whether the fifteen-year consecutive sentence fell within the permissible guideline range.
The court reversed and remanded because the trial court's order on appeal did not include the sentencing guidelines scoresheet, which was essential to determine whether the fifteen-year sentence fell within the permissible guideline range. The sentencing analysis does not depend on the number of criminal episodes but rather on whether the scoresheet supports the imposed sentence.
[1] A trial court's order denying a motion for postconviction relief is subject to reversal when the order fails to attach a sentencing guidelines scoresheet, preventing appe…
[2] Sentencing decisions that fall within the permissive range of the relevant scoresheet are not dependent on whether offenses arise from a single criminal episode.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because no sentencing guidelines scoresheet is attached to the order on appeal, we are unable to reach the merits of Mr. Buchanan's claim.”
Establishes the procedural deficiency requiring reversal—the scoresheet is essential to appellate review.
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Join FLexlaw to unlock all legal intelligenceBuchanan was sentenced to three consecutive five-year sentences totaling fifteen years imprisonment. He claimed the sentences were imposed in violatio…
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PER CURIAM.
Tellis Buchanan appeals the denial of his motion for posteonviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because no sentencing guidelines scoresheet is attached to the order on appeal, we are unable to reach the merits of Mr. Buchanan’s claim. He maintains that the trial court exceeded the discretion allowed it under section 921.16, Florida Statutes (1993), and im-permissibly sentenced him to three consecutive sentences totalling fifteen years’ imprisonment, rather than to concurrent five-year terms. Although Mr. Buchanan alleges that these offenses arise out of one criminal episode, the attachments to the order on appeal establish that the sentences are guidelines sentences, not habitual offender sentences. Thus, this issue does not depend on the number of criminal episodes, but rather on whether the permissive range of the relevant scoresheet supports a fifteen year sentence. See Branam v. State, 554 So. 2d 512 (Fla.1990).
Accordingly, we reverse and remand to the trial court for reconsideration of this issue. On remand, unless the ease files and records conclusively show that Mr. Buchanan is not entitled to relief, the trial court shall order the state to file an answer. After receipt of the answer, the trial court shall determine whether an evidentiary hearing is required. If the trial court should summarily deny the motion again, it shall attach such portions of the record that conclusively refute Mr. Buchanan’s allegations. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain appellate review.
Reversed and remanded.
HALL, A.C.J., and ALTENBERND and BLUE, JJ., concur.