BRETT DAVID SPEER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court's failure to attach pertinent record information to its order denying the motion to correct an illegal sentence precluded meaningful appellate review.
Appellant pleaded guilty in exchange for a guidelines sentence, but alleged that points were added to his score sheet for counts that were to be nolle…
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PER CURIAM.
Appellant Brett David Speer appeals a trial court order which denied his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), in which he challenged his sentence following a guilty plea. The plea was in exchange for a guidelines sentence and the state’s nolle pros of certain counts against appellant.
Appellant alleged in his rule 3.800(a) motion that 21.8 points were added to his sentencing guidelines score sheet relating to the counts which were to be nolle prosed. As a result, appellant alleged that his score sheet erroneously provided a higher guidelines range than it should have.
If appellant pled to a specific term of years, without any condition that it be within the sentencing guidelines, then he would have waived this claim and it would not have qualified for rule 3.800(a) relief. See Perry v. State, 705 So. 2d 615 (Fla. 5th DCA 1998); Skidmore v. State, 688 So. 2d 1014 (Fla. 3d DCA 1997). However, if he pled guilty on the condition that he would receive a guidelines sentence, and that sentence was the product of miscalculations, then he would be entitled to relief. See Corp v. State, 698 So. 2d 1349 (Fla. 1st DCA 1997). We cannot make this determination, because the trial court order denying appellant’s rule 3.800(a) motion failed to attach the pertinent information upon which it relied to deny the motion. This precludes meaningful review by this court. See Thomas v. State, 707 So. 2d 1189 (Fla. 1st DCA 1998); Corp v. State, 698 So. 2d 1349 (Fla. 1st DCA 1997); Thomas v. State, 667 So. 2d 440 (Fla. 4th DCA 1996).
Accordingly, we reverse and remand either for attachment of those portions of the record which conclusively show that appellant is not entitled to relief, or for further proceedings pursuant to this decision.
REVERSED AND REMANDED WITH DIRECTIONS.
GUNTHER, POLEN and TAYLOR, JJ., concur.
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Collins v. State, 805 So. 2d 73 (Fla. 4th DCA 2002)…ing relief in both cases failed to attach supporting portions of the record refuting appellant’s claims. This is reversible error. Ford v. State, 801 So. 2d 233 (Fla. 2d DCA 2001); Martin v. State, 799 So. 2d 343 (Fla. 5th DCA 2001); Speer v. State, 734 So. 2d 454 (Fla. 4th DCA 1999). The State has attempted to remedy this error by submitting record attachments along with its response to this court’s order to show cause, but this does not cure the defect in the trial court’s orders of summary denial. Saunders…
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Forrest Atwood v. State, 765 So. 2d 242 (Fla. 1st DCA 2000)…g the entire written record. Accordingly, the trial court reversibly erred in summarily denying the motion without attaching portions of the record in support of its ruling. See Pressley v. State, 741 So. 2d 1157 (Fla. 1st DCA 1999); Speer v. State, 734 So. 2d 454 (Fla. 4th DCA 1999); Corp, 698 So. 2d at 1349. The trial court is instructed to determine on remand whether the appellant’s motion can be resolved on such a record. If it cannot be so resolved, then, in the interest of justice and judicial efficien…
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Tatum v. State, 27 So. 3d 700 (Fla. 3d DCA 2010)…n an agreement that the sentence be within the sentencing guidelines. It is therefore, ORDERED AND ADJUDGED that the defendant’s Motion to Correct Illegal Sentence is DENIED. Skidmore v. State, 688 So. 2d 1014 ([Fla.] 3rd DCA 1997). Speer v. State, 734 So. 2d 454 ([Fla.] 4th DCA 1999). Perry v. State, 705 So. 2d 615 ([Fla.] 5th DCA 1998). The clerk of the Circuit Court of the 11th Judicial Circuit is hereby, ORDERED to attach copies of the petitioner’s motion filed July 15, 1999, Judge Margolius’ order on t…
Authorities Cited
- Skidmore v. State, 688 So. 2d 1014 (Fla. 3d DCA 1997)
- Melville Joseph Corp v. State, 698 So. 2d 1349 (Fla. 1st DCA 1997)
- Thomas v. State, 707 So. 2d 1189 (Fla. 1st DCA 1998)
- Perry v. State, 705 So. 2d 615 (Fla. 5th DCA 1998)
- Thomas v. State, 667 So. 2d 440 (Fla. 4th DCA 1996)