DENNIS J. MCPHERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court held that the trial court erred by summarily denying a motion to correct an illegal sentence without attaching refuting record documents.
The defendant moved to correct an illegal sentence, alleging entitlement to additional jail credit and errors on his guidelines scoresheet. The trial …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Credit For Jail Time Served cases and more on FLexlaw
[*126] PER CURIAM.
Dennis J. McPherson appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. The trial court failed to attach to its order any record documents which refute McPherson’s claims. Therefore, we reverse and remand for further proceedings.
In his motion, McPherson alleged that the court records would show that he did not receive all of the credit to which he was entitled for time served in the Pasco County Jail prior to his sentencing in this Pinellas County case. Such a claim is cognizable in a rule 3.800 proceeding and is facially sufficient. See State v. Mancino, 714 So. 2d 429 (Fla.1998). On remand, the trial court shall review the relevant court records to determine if McPherson is, in fact, entitled to additional jail credit. See Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999).
McPherson also alleged that his guidelines scoresheet contains errors that were apparent on the face of the document. An error cognizable from the face of the guidelines scoresheet may be reviewed in a motion to correct illegal sentence. See Lomont v. State, 506 So. 2d 1141 (Fla. 2d DCA 1987). Therefore, this is a facially sufficient claim for relief. However, the trial court’s order of denial failed to address this claim raised in McPherson’s motion or to attach any record documents to refute the claim.
Accordingly, we reverse the order denying relief to McPherson and remand to the trial court for further proceedings. If the trial court again denies McPherson relief, it shall attach those portions of the record which refute his claims. See Summers v. State, 670 So. 2d 1105 (Fla. 2d DCA 1996); Becton v. State, 668 So. 2d 1107 (Fla. 2d DCA 1996).
Reversed and remanded.
FULMER, A.C.J., and WHATLEY and NORTHCUTT, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Whitt v. State, 807 So. 2d 788 (Fla. 2d DCA 2002)…l log, that could refute the claim. We therefore reverse and remand for further proceedings. If the trial court again denies the claim, it shall attach those portions of the record that conclusively [*789] refute the claim. See McPherson v. State, 750 So. 2d 125 (Fla. 2d DCA 2000). Reversed and remanded. WHATLEY and SALCINES, JJ., Concur.…
-
Jasmin v. State, 799 So. 2d 312 (Fla. 2d DCA 2001)…failed to provide any record attachments in support of this finding. On remand, if the trial court again denies Jasmin’s claim regarding case number 99-1907, it shall attach those portions of the record that refute the claim. See McPherson v. State, 750 So. 2d 125 (Fla. 2d DCA 2000). Affirmed in part, reversed in part, and remanded for further proceedings. NORTHCUTT and CASANUEVA, JJ., concur. . We note that if Jasmin has any grounds to dispute the accuracy of the sheriff's jail log, he may seek relief…
-
Herrmann v. State, 768 So. 2d 511 (Fla. 2d DCA 2000)…ified by Herrmann. If Herrmann’s scoresheet was incorrect as identified by the trial court and his sentence was not negotiated as part of his plea agreement, Herrmann is entitled to be resentenced with a corrected scoresheet. See McPherson v. State, 750 So. 2d 125 (Fla. 2d DCA 2000). Reversed and remanded. BLUE, A.C.J., and WHATLEY and SALCINES, JJ., Concur.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999)
- Lomont v. State, 506 So. 2d 1141 (Fla. 2d DCA 1987)
- Becton v. State, 668 So. 2d 1107 (Fla. 2d DCA 1996)
- Summers v. State, 670 So. 2d 1105 (Fla. 2d DCA 1996)