DAVID RUSSELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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W. SHARP, Judge.
Russell appeals from the summary denial of his 3.800 motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) to correct an illegal sentence (twenty-five years in prison for two counts of attempted sexual battery).1 He argues his seoresheet was improperly calculated because victim injury points were assessed for “penetration,” contrary to Karchesky v. State, 591 So. 2d 930 (Fla.1992). We affirm.
Even if Karchesky applies to this case, and we are not certain that it does, the record attached to the trial court’s denial of relief shows that Russell and the state entered into a written plea agreement which called for a twenty-five year prison sentence. The agreement did not promise a guidelines sentence. Further, the plea hearing transcript indicates Russell agreed to a departure sentence. Thus any seoresheet error would be harmless since a sentencing court may depart from the guidelines, based on a plea bargain. See Quarterman v. State, 527 So. 2d 1380 (Fla.1988).
AFFIRMED.
DAUKSCH and PETERSON, JJ., concur. . See §§ 794.01 l(2)(a), 777.04, Fla.Stat. (1993).
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Raley v. State, 675 So. 2d 170 (Fla. 5th DCA 1996)…se the defendant did not receive a guidelines sentence; he received a valid [*175] departure sentence. A defendant’s sentence need not be reversed on the claim of a score-sheet error when a valid departure sentence was imposed. See Russell v. State, 656 So. 2d 203 (Fla. 5th DCA 1995). Finally, while Mr. Raley is correct that it was improper for the sentencing court to retain jurisdiction over a portion of his guideline sentence,6 we are reluctant to reverse the trial court’s refusal to grant post-conviction…
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Durwin D. Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000)…hin a specific guideline range, improper scoring of the defendant’s scoresheet will not render the plea illegal unless the sentence exceeds the statutory maximum. See Skidmore v. State, 688 So. 2d 1014 (Fla. 3d DCA 1997). See also, Russell v. State, 656 So. 2d 203 (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, 6…
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Melville Joseph Corp v. State, 698 So. 2d 1349 (Fla. 1st DCA 1997)…itional promise that such sentences be within the guidelines, 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…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- THE Florida BAR v. Mullins, 527 So. 2d 1380 (Fla. 1988)
- Karchesky v. State, 591 So. 2d 930 (Fla. 1992)