CHARLES CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Sentencing Guidelines Scoresheet cases and more on FLexlaw
PER CURIAM.
Appellant challenges an order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the denial of appellant’s Karchesky1 claim since resolution of that fact-based claim would require an evidentiary hearing. See State v. Callaway, 658 So. 2d 983, 988 (Fla.1995); Judge v. State, 596 So. 2d 73, 77 (Fla. 2d DCA 1992)(en banc). Appellant’s claim that his prior aggravated assault conviction was improperly scored as a second degree felony rather than a third degree felony on his sentencing guidelines scoresheet was, however, cognizable in these proceedings since such an error would be apparent from the face of the score-sheet. See Baldwin v. State, 679 So. 2d 1193, 1194 (Fla. 1st DCA 1996). The trial court’s denial of that claim is therefore reversed and remanded with directions that it be addressed on the merits.
AFFIRMED in part, REVERSED in part, and REMANDED with directions.
WEBSTER, LAWRENCE and PADOVANO, JJ., concur. . Karchesky v. State, 591 So. 2d 930 (FIa.1992).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Forrest Atwood v. State, 765 So. 2d 242 (Fla. 1st DCA 2000)…part of “the record,” to determine whether scoresheet contained error); Horton, 696 So. 2d at 460 (whether habitualized sentences were included as additional offenses on scoresheet should be apparent from face of record on remand); Carter v. State, 688 So. 2d 976 (Fla. 1st DCA 1997); Baldwin v. State, 679 So. 2d 1193 (Fla. 1st DCA 1996) (on reh’g). The appellant’s claim that he was scored for prior offenses that occurred more than ten years before his most recent release, contrary to Rule 3.701(d)(5)(F), app…
-
Brown v. State, 866 So. 2d 94 (Fla. 1st DCA 2004)…ences violated the decision in Hale v. State, 630 So. 2d 521 (Fla.1993). The trial court denied relief. On appeal, we held that appellant had stated a facially sufficient claim and remanded to the trial court for further proceedings. Brown v. State, 688 So. 2d 976 (Fla. 1st DCA 1997). On remand, the trial court vacated appellant’s sentences and imposed concurrent terms of 10 years in prison with 5-year mandatory mínimums. Appellant’s written judgment and sentence stated that these were habitual violent felon…
-
Filan v. State, 771 So. 2d 584 (Fla. 4th DCA 2000)…[*585] PER CURIAM. Affirmed. See Carter v. State, 688 So. 2d 976 (Fla. 1st DCA 1997). DELL, SHAHOOD and GROSS, JJ., concur.…
Authorities Cited
- State v. Callaway, 658 So. 2d 983 (Fla. 1995)
- Karchesky v. State, 591 So. 2d 930 (Fla. 1992)
- Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1991)
- Interamerican CAR Rental, Inc. v. The Est. OF Jamaul McCLOUD, 679 So. 2d 1193 (Fla. 3d DCA 1996)
- Miller Baldwin, Jr. v. State, 679 So. 2d 1193 (Fla. 1st DCA 1996)