REGINALD PRESSLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred by failing to attach record portions conclusively refuting the appellant's claim for sentence correction.
Reginald Pressley appealed an order denying his motion to correct an illegal sentence, alleging errors on his sentencing guidelines scoresheet. The tr…
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PER CURIAM.
Reginald Pressley appeals an order denying his motion for correction of sentence under Florida Rule of Criminal Procedure 3.800(a). He contends that sentencing errors on his guidelines scoresheet resulted in an illegal sentence. The trial court denied the motion on the grounds that appellant’s sentences were imposed as part of the terms of his plea agreements with the state and that appellant is not currently serving any sentence of incarceration on any of the listed cases he references in his motion.
It is true that, if appellant pled to a term of years without any condition that his sentences be within the sentencing guidelines, then any computation errors on the scoresheet would be harmless error. See Corp v. State, 698 So. 2d 1349, 1350 (Fla. 1st DCA 1997). Further, if appellant has completed his sentences and is no longer serving any term of probation for the listed cases, then the relief he is requesting may be moot. Godwin v. State, 593 So. 2d 211, 212 (Fla.1992).
Although appellant may indeed not be entitled to relief, the trial court failed to attach those portions of the record conclusively refuting appellant’s claim. Accordingly, we are required to reverse and remand either for attachment of those portions of the record that conclusively show that appellant is not entitled to relief, or for further proceedings.
REVERSED and REMANDED.
KAHN, WEBSTER AND VAN NORTWICK, JJ., CONCUR.
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Cited By
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Forrest Atwood v. State, 765 So. 2d 242 (Fla. 1st DCA 2000)…e the kind of matter that can be resolved by reviewing 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, th…
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Miller v. State, 996 So. 2d 954 (Fla. 1st DCA 2008)…a trial court order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because Appellant’s sentence for grand theft has expired, his case is hereby dismissed as moot. See Pressley v. State, 741 So. 2d 1157 (Fla. 1st DCA 1999) (stating that a claim raised pursuant to rule 3.800(a) may be moot once the movant has completed his sentence). DISMISSED. BARFIELD, ALLEN, and THOMAS, JJ., concur.…
Authorities Cited
- Sallas v. State, 593 So. 2d 211 (Fla. 1992)
- Godwin v. State, 593 So. 2d 211 (Fla. 1992)
- Melville Joseph Corp v. State, 698 So. 2d 1349 (Fla. 1st DCA 1997)