JOSEPH A. GATTO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Joseph Gatto appeals a trial court's summary denial of his motion to correct an illegal sentence under Heggs v. State. The appellate court affirmed the denial of his gain-time challenge but reversed and remanded the sentencing challenge, finding the trial court improperly denied it without attaching necessary record documents to support its conclusion.
The trial court properly denied Gatto's gain-time challenge (without prejudice to administrative remedies), but erred in summarily denying his sentencing challenge under Heggs without attaching record documents. The trial court must reconsider whether Gatto falls within the appropriate window period and whether his 1995 guidelines sentence could have been imposed under 1994 guidelines without departing.
[1] A motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) cannot be used to raise issues requiring a factual inquiry.
[2] A youthful offender sentence is limited by the maximum sentence for the offense and the top of the sentencing guidelines unless the trial court provides written reasons j…
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Join FLexlaw to unlock all legal intelligence“the trial court order summarily denying this motion to correct illegal sentence did not attach a copy of the 1994 guidelines to support this contention”
Establishes the procedural error in the trial court's denial—failure to attach supporting documents for its legal conclusions.
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Join FLexlaw to unlock all legal intelligenceGatto received a sentence of four years in prison and two years of community control. He filed a motion to correct his sentence as illegal under Heggs…
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PER CURIAM.
Appellant Joseph Gatto appeals the trial court order summarily denying his motion to correct illegal sentence filed pursuant to rule 3.800(a), Fla. R.Crim. P. He alleged that his sentence totaling four years in prison and two years of community control was illegal under Heggs v. State, 759 So. 2d 620 (Fla.2000). He also advanced a Heggs challenge to his gain-time entitlement on sentences imposed for offenses occurring in 1996.
The trial court correctly denied appellant’s gain-time challenge, but denial should be without prejudice to his right to exhaust his administrative remedies with the Department of Corrections. See Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000).
However, the trial court erred in summarily denying appellant’s other sentencing challenge under Heggs without record attachments. Appellant appears to fall within the appropriate window period to make his sentencing challenge. See Trapp v. State, 760 So. 2d 924 (Fla.2000); Salters v. State, 758 So. 2d 667 (Fla.2000).
The State argues that appellant was sentenced as a youthful offender and that he was not sentenced under the 1995 guidelines. However, we cannot be certain that the guidelines were not considered in determining his sentence.
Also, the State argues that appellant would have fallen below the recommended sentencing guidelines range under the 1994 guidelines. Heggs does provide that if a person’s sentence imposed under the 1995 guidelines could have been imposed under the 1994 guidelines (without a departure), then that person shall not be entitled to relief. Here, however, the trial court order summarily denying this motion to correct illegal sentence did not attach a copy of the 1994 guidelines to support this contention. Since the record on appeal does not conclusively demonstrate that appellant is not entitled to relief on this sentencing challenge, the order of summary denial must be reversed and the case remanded. Rule 9.140(f), Fla. R.App. P. Remand is for the trial court to consider whether appellant is entitled to resentencing under Heggs. If the court enters an order declaring that resentencing pursuant 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Profitt v. State, 789 So. 2d 1194 (Fla. 4th DCA 2001)…ourt’s summary denial is affirmed without prejudice to raise this claim administratively to the Department of Corrections. If he is not satisfied with the Department’s ruling, then he can file a petition for extraordinary relief. See Gatto v. State, 768 So. 2d 1169 (Fla. 4th DCA 2000) (citing Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000), holding that a Heggs challenge to gaintime entitlement on sentences imposed for offenses occurring in 1996 is correctly denied by the trial court, but the denial shou…
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Cooper v. State, 772 So. 2d 608 (Fla. 5th DCA 2000)…ate, 768 So. 2d 1172 (Fla. 5th DCA 2000), this court held that the trial court erred in failing to attach the scoresheet to confirm its finding that the defendant’s sentence could have been imposed under the 1994 guidelines. See also Gatto v. State, 768 So. 2d 1169 (Fla. 4th DCA 2000). Therefore, we remand the cause to the trial court to either deny the motion and attach the necessary portions of the record to refute Cooper’s claim, or grant the motion. REVERSED AND REMANDED. COBB and PETERSON, JJ., concur…
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Heaton v. State, 775 So. 2d 1002 (Fla. 4th DCA 2001)…dice to appellant presenting his gain-time claim administratively to the Department of Corrections, and, if necessary, seeking review of the Department’s ultimate decision through extraordinary writ petition to the circuit court. See Gatto v. State, 768 So. 2d 1169 (Fla. 4th DCA 2000). DELL, POLEN and GROSS, JJ., concur.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)
- Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000)
- Salters v. State, 758 So. 2d 667 (Fla. 2000)
- Speed v. State, 764 So. 2d 873 (Fla. 4th DCA 2000)
- Clements v. State, 761 So. 2d 1245 (Fla. 2d DCA 2000)
- Hickey v. Dunn & Corey, 761 So. 2d 1245 (Fla. 3d DCA 2000)
- Jackson v. State, 762 So. 2d 1065 (Fla. 4th DCA 2000)