HENRY ROBINSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1995-06-02

No. 95-899

COBB and GRIFFIN, JJ, concur.

654 So. 2d 1302 Florida District Court of Appeal, Fifth District (1995) Positive Treatment

Cited by 8 cases

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Holding

The court held that a motion to correct an illegal sentence based on scoresheet errors is improper for habitual offender sentences, and the current motion is also successive.

Facts & Procedural History

Robinson was convicted of robbery with a firearm and sentenced as a habitual offender. He filed a motion to correct an illegal sentence, arguing error…

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Topics

Florida Rule Of Criminal Procedure 3.800(A) Habitual Offender Sentencing Voluntariness Of Guilty Plea Motion To Correct Illegal Sentence

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Opinion of the Court

W. SHARP, Judge.

Robinson appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) to correct an illegal sentence. For several reasons, we affirm.

In 1990, Robinson was convicted of robbery with a firearm after pleading nolo con-tendere. The trial court imposed a twenty year habitual offender sentence. Apparently no direct appeal was taken, and the two year time limit1 for filing a motion pursuant to Florida Rule of Criminal Procedure 3.850 has long since passed. In 1992, this court affirmed the trial court’s earlier summary denial of Robinson’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Robinson v. State, 611 So. 2d 535 (Fla. 5th DCA 1992).

In this proceeding, Robinson argues his twenty year sentence is illegal because of errors committed on his scoresheet, which if correctly calculated, would have resulted in a much reduced score and recommended and permitted sentence. However, habitual offender sentences are not subject to the sentencing guidelines. Ch. 88-131, Laws of Fla., § 775.084(4)(e), Fla.Stat. (1989). Also, robbery with a firearm is a first degree felony punishable by life,2 and is clearly punishable (after habitualization) by a twenty-year term.

In the prior proceeding in this court, Robinson challenged his habitual offender sentence, although on other grounds. Thus this motion is also improper because it is successive. Further, to the extent Robinson’s collateral attack can be characterized as an attack on the voluntariness of his plea, the trial court correctly denied it because such an issue must be raised in a sworn 3.850 motion and as noted above, the two year time limit has expired.

AFFIRMED.

COBB and GRIFFIN, JJ, concur. . Fla.R.Crim.P. 3.850(b).

. § 812.13(2)(a), Fla.Stat. (1989).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Allen v. State, 740 So. 2d 1180 (Fla. 2d DCA 1999)

…encing from sentencing guidelines procedure). Hence, the fact that Allen’s guidelines scoresheet may have improperly included habitualized offenses as additional offenses does not render his habitual offender sentence illegal. See Robinson v. State, 654 So. 2d 1302 (Fla. 5th DCA 1995) (affirming denial of rule 3.800 motion based on claim that sentence was illegal due to scoresheet errors where defendant had been sentenced as habitual offender and was not subject to sentencing guidelines). Affirmed. THREADG…
Parenti v. State, 661 So. 2d 140 (Fla. 5th DCA 1995)

…PER CURIAM. AFFIRMED without prejudice to file a timely Rule 3.850 motion for post-conviction relief. See State v. Callaway, 658 So. 2d 983 (Fla.1995); Robinson v. State, 654 So. 2d 1302 (Fla. 5th DCA 1995). W. SHARP, GOSHORN and ANTOON, concur.…
Williams v. State, 767 So. 2d 1245 (Fla. 1st DCA 2000)

…PER CURIAM. Affirmed. See Boerstler v. State, 622 So. 2d 184 (Fla. 1st DCA 1993); Allen v. State, 740 So. 2d 1180 (Fla. 2d DCA 1999); Robinson v. State, 654 So. 2d 1302 (Fla. 5th DCA 1995). WEBSTER, DAVIS and VAN NORTWICK, JJ., CONCUR.…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.