ANDREW POOLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A sentence imposed pursuant to a negotiated plea agreement is not illegal, even if based on an unconstitutional sentencing guideline, if the defendant has not shown the guidelines impacted the sentence.
Defendant pleaded guilty and received an eight-year sentence based on a negotiated plea. A scoresheet used for sentencing was erroneous due to the inc…
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PETERSON, J.
Andrew Poole appeals the imposition of his eight year sentence and the denial of his Rule 3.800(b) Motion to Correct Illegal Sentence. Poole entered into a negotiated plea bargain in which the State recommended to the court that an eight year period of incarceration be imposed. The agreement indicated that the court had not agreed to any sentence and that the maximum penalty was thirty years incarceration.
A 1995 scoresheet was prepared that included a misdemeanor committed after the instant offense. The erroneous inclusion of the misdemeanor increased the total points shown on the scoresheet from 200 to 200.2 with a permissible range of 129.15 to 215 months incarceration. Poole was sentenced to eight years incarceration for two counts to be served concurrently.
Poole claims that because the 1995 sentencing guidelines were ruled to be unconstitutional,1 his sentence is illegal. He is incorrect. His sentence was imposed pursuant to a negotiated plea agreement and not based upon the guidelines. See Bonilla v. State, 766 So. 2d 1192 (Fla. 5th DCA 2000). Additionally, he has not shown that application of the 1995 sentencing guidelines has made any impact upon his sentence. See Parker v. State, 767 So. 2d 532, 533 (Fla. 5th DCA 2000).
Nevertheless, Poole correctly insists that he is entitled to an accurate 1994 scoresheet and we remand for that purpose although it will not affect his sentence. See Disinger v. State, 526 So. 2d 213, 214 (Fla. 5th DCA 1988); see also Davis v. State, 529 So. 2d 1251, 1252 (Fla. 5th DCA 1988) (the defendant is entitled to have the record set straight even if there is little possibility that the total time spent in jail will be affected).
The sentence is affirmed and the matter remanded only for the purpose of completing a correct scoresheet for inclusion in Poole’s records.
AFFIRMED; REMANDED.
COBB and PALMER, JJ., concur. . Heggs v. State, 759 So. 2d 620 (Fla.2000).
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Ruff v. State, 840 So. 2d 1145 (Fla. 5th DCA 2003)…The fact that his sentence was the result of a negotiated plea agreement poses an insurmountable obstacle for Ruff because the courts generally agree that in these instances, an erroneous scoresheet has no effect on the sentence. See Poole v. State, 777 So. 2d 1186 (Fla. 5th DCA 2001) (holding that because the defendant’s sentence was imposed pursuant to a negotiated plea agreement and was not based on the guidelines, there was no basis for finding the preparation of the scoresheet had any impact on the senten…
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Lopez-Vasquez v. State, 966 So. 2d 996 (Fla. 5th DCA 2007)…guilty of two rather than three felonies in the instant case. See Blake v. State, 873 So. 2d 1259, 1261 (Fla. 1st DCA 2004) (“Appellant is entitled to correction of the judgment to reflect Appellant’s correct misdemeanor offense.”); Poole v. State, 777 So. 2d 1186, 1187 (Fla. 5th DCA 2001) (defendant “correctly insists that he is entitled to an accurate 1994 score-sheet”); Davis v. State, 529 So. 2d 1251, 1252 (Fla. 5th DCA 1988) (defendant “entitled to have the record set straight even if there is little pos…
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Darst v. State, 816 So. 2d 680 (Fla. 5th DCA 2002)…sentence, his minimum mandatory sentence of three years will not be affected by any change to his scoresheet. Nevertheless, he is entitled to a corrected scoresheet although any errors made in the calculation would be harmless. E.g., Poole v. State, 777 So. 2d 1186, 1187 (Fla. 5th DCA 2001). The State also appeals Darst’s downward departure sentence, but we find no error by the sentencing court. Section 784.07(2)(c) reclassifies an aggravated assault from a third degree felony to a second degree felony when t…
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
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Disinger v. State, 526 So. 2d 213 (Fla. 5th DCA 1988)
- Bonilla v. State, 766 So. 2d 1192 (Fla. 5th DCA 2000)
- Miller v. Miller, 767 So. 2d 532 (Fla. 5th DCA 2000)
- Parker v. State, 767 So. 2d 532 (Fla. 5th DCA 2000)
- Dubuis v. Sec. First Fed. Sav. & Loan Ass'n, 529 So. 2d 1251 (Fla. 5th DCA 1988)
- Davis v. State, 529 So. 2d 1251 (Fla. 5th DCA 1988)