LARRY JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a motion for rehearing cannot be used to raise new grounds for relief not previously presented.
Appellant filed a motion to correct an illegal sentence, which was denied. He then filed a motion for rehearing alleging a new scoresheet error. This …
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PER CURIAM.
We grant rehearing and issue this opinion to explain our previous affirmance. Appellant Larry Jackson filed a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). After the motion was denied, Jackson filed a motion for rehearing in which he álleged for the first time that victim injury points had been erroneously added to his sentencing guidelines scoresheet. Rehearing was denied, and this appeal followed.
After the denial order was affirmed by this court, Jackson filed a motion for rehearing, claiming that this court had overlooked the new issue. We did not. The motion for rehearing in which the score-sheet error was alleged was an unauthorized motion.1 Wright v. State, 643 So. 2d 1157 (Fla. 4th DCA 1994). Therefore the trial court was not required to consider this claim.2
We affirm the orders denying both the. original motion for 3.800 relief and the motion for rehearing. Our affirmance is without prejudice to Jackson to file a timely motion pursuant to rule 3.850, Florida Rules of Criminal Procedure in the trial court seeking relief based on the alleged improper addition of forty points for victim injury.
WARNER, C.J., DELL and GROSS, JJ., concur. . Motions for rehearing are authorized under Florida Rule of-Criminal Procedure 3.850(g). However, such motions cannot be used to raise new grounds for relief. Reid v. State, 745 So. 2d 363 (Fla. 4th DCA 1999).
. While an error that renders a sentence illegal can be raised at any time, the scoresheet error alleged in the motion for rehearing would not result in an illegal sentence.
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Cardali v. State, 794 So. 2d 719 (Fla. 3d DCA 2001)…ot raise sentencing guidelines scoresheet errors in his 3.850 motion. Florida courts have allowed Rule 3.850 to be used to seek relief for sentencing issues. See, e.g., Shropshire v. State, 775 [*723] So. 2d 349 (Fla. 2d DCA 2000); Jackson v. State, 762 So. 2d 1065 (Fla. 4th DCA 2000); Frazier v. State, 762 So. 2d 575 (Fla. 4th DCA 2000); Reyes v. State, 752 So. 2d 139 (Fla. 3d DCA 2000); Hammett v. State, 746 So. 2d 1190 (Fla. 2d DCA 1999); Johnson v. State, 715 So. 2d 1017 (Fla. 2d DCA 1998). The trial cour…
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Gatto v. State, 768 So. 2d 1169 (Fla. 4th DCA 2000)…ursuant to Heggs is unnecessary, it should attach to its order the record documents used to justify that conclusion. See Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000). See also Speed v. State, 764 So. 2d 873 (Fla. 4th DCA 2000); Havard v. State, 762 So. 2d 1065 (Fla. 4th DCA 2000). AFFIRMED IN PART; REVERSED AND REMANDED IN PART. WARNER, C.J., POLEN and SHAHOOD, JJ., concur.…
Authorities Cited
- Butler v. State, 745 So. 2d 363 (Fla. 4th DCA 1999)
- Wright v. State, 643 So. 2d 1157 (Fla. 4th DCA 1994)