CHARLIE J. DRAYTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a motion to correct sentence under Rule 3.800 is not the proper vehicle for challenging sentencing errors not apparent from the face of the scoresheet.
Drayton alleged his sentencing scoresheet improperly included points for prior convictions older than ten years. He filed a motion to correct sentence…
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PARKER, Acting Chief Judge.
Charlie J. Drayton appeals the trial court’s order which denied his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. We affirm without prejudice to any right Drayton might have to hie a motion for postconvietion relief pursuant to Florida Rule of Criminal Procedure 3.850.
Drayton’s sworn motion to correct sentence alleges that the trial court included sixteen points for his prior convictions on the sentencing guidelines scoresheet when it sentenced him on May 25, 1999. Dray-ton further alleges that each of these prior convictions arose from offenses which were committed more than ten years before the date of the offense for which he was being sentenced. Drayton also alleges that he has not committed any offense during the past thirteen years. Drayton contends that the inclusion of points for these prior convictions was improper under Florida Rule of Criminal Procedure 3.704(d)(14)(A).
The trial court properly denied Dray-ton’s motion because the alleged sentencing error is not apparent from the face of the scoresheet and, therefore, is not cognizable under a rule 3.800 motion. Because Drayton has filed a sworn motion in this case, our affirmance is without prejudice to any right Drayton may have to file a sworn motion pursuant to rule 3.850 within thirty days of the date of this opinion. Any such motion must set forth the complete factual basis for deleting the points for Drayton’s prior convictions from his sentencing guidelines scoresheet.
Affirmed.
CASANUEYA and SALCINES, JJ., Concur.
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Williams v. State, 898 So. 2d 1128 (Fla. 4th DCA 2005)…ce to the appellant’s filing a timely sworn rule 3.850 motion for postconviction relief raising the issue of scoresheet error not apparent from the face of the scoresheet. Compare Smith v. State, 782 So. 2d 947 (Fla. 4th DCA 2001); Drayton v. State, 786 So. 2d 1196 (Fla. 2d DCA 2001); Christopher v. State, 792 So. 2d 587 (Fla. 5th DCA 2001). WARNER, STEVENSON and TAYLOR, JJ., concur.…
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Barnes v. State, 884 So. 2d 376 (Fla. 2d DCA 2004)…ida Rule of Criminal Procedure 3.800(a). We affirm the order of the trial court without prejudice to any right Barnes might have to raise these same claims in a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. See Drayton v. State, 786 So. 2d 1196 (Fla. 2d DCA 2001). FULMER, COVINGTON, and KELLY, JJ., Concur.…
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Darby Houser v. State, 901 So. 2d 374 (Fla. 2d DCA 2005)…eral claims of scoresheet error; however, such errors are not readily apparent from the face of the scoresheet. Such claims are not cognizable under rule 3.800, but rather, they are correctable on direct appeal or under rule 3.850. Drayton v. State, 786 So. 2d 1196, 1197 (Fla. 2d DCA 2001); Smith v. State, 782 So. 2d 947, 948 (Fla. 4th DCA 2001); Blakley v. State, 746 So. 2d 1182, 1186 (Fla. [*375] 4th DCA 1999). Although Houser filed his motion pursuant to rule 3.800, it would have been timely filed under rul…
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