DONALD BURNS, 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 court held that the trial court erred by summarily denying the motion without attaching the required record to support its conclusion.
Appellant sought sentence modification based on Heggs v. State, alleging his sentence was illegal under the 1995 guidelines. The trial court denied th…
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 1995 Sentencing Guidelines cases and more on FLexlaw
Burns appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He alleges that his sentence, which was rendered under the 1995 sentencing guidelines is illegal, relying on Heggs v. State, 759 So. 2d 620 (Fla.2000). He also alleges his offenses were committed on July 29, 1996, within the Heggs’ window period. The trial court denied Burns’ motion on the ground that his sentence would not be a “departure” under the 1994 guidelines. However, it did not attach any record to support that conclusion.
Burns was scored 157.8 points under the 1995 sentencing guidelines, which resulted in a sentencing range of 97.35 to 162.25 months. He was sentenced to 96 months incarceration. Burns alleges that his score under the 1994 guidelines would have been 92.60, resulting in a sentencing range of 48.45 to 80.75 months.
The trial court did not attach a score-sheet to support the denial order. Accordingly, we remand this cause to the trial court for the purpose of attaching such potions of the record as may be required to show Burns is not entitled to the relief he seeks. See Moore v. State, 741 So. 2d 577 (Fla. 5th DCA 1999); Young v. State, 766 So. 2d 1258 (Fla. 5th DCA 2000). If the court determines that Burns is entitled to be resentenced pursuant to Heggs, it may grant that relief.
REVERSED and REMANDED.
COBB and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Barfield v. State, 792 So. 2d 706 (Fla. 5th DCA 2001)…court held that when a trial court denies a Heggs claim on the ground that the sentence imposed could have been imposed under the 1994 guidelines, the trial court must attach the recomputed scoresheet to confirm its ruling. See also Burns v. State, 770 So. 2d 760 (Fla. 5th DCA 2000). We must therefore reverse the trial court’s order and remand the case for preparation of a corrected scoresheet and reconsideration of defendant’s right to be resentenced under Heggs, in light of the improper scoring of Case No.…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Moore v. State, 741 So. 2d 577 (Fla. 5th DCA 1999)
- Dallis Young v. State, 766 So. 2d 1258 (Fla. 5th DCA 2000)