ROBERT HOWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in summarily denying the motion to correct an illegal sentence without attaching the relevant scoresheets.
The defendant filed a motion to correct an illegal sentence, claiming he was sentenced under unconstitutional 1995 guidelines. The trial court denied …
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SILBERMAN, Judge.
Robert Howell challenges the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. In his motion, Howell claimed that he was sentenced pursuant to the 1995 sentencing guidelines. The 1995 guidelines have been held to be unconstitutional. Heggs v. State, 759 So. 2d 620 (Fla.2000).
Howell alleged that the offenses for which he was sentenced occurred within the Heggs window and that the sentences constituted a departure under the 1994 sentencing guidelines. Howell, therefore, has presented a facially sufficient claim. See Daniels v. State, 771 So. 2d 57 (Fla. 2d DCA 2000). The trial court denied the motion, finding that Howell’s sentences were not a departure under the 1994 sentencing guidelines. However, the trial court did not attach copies of the 1994 or the 1995 sentencing guidelines scoresheets. Because Howell stated a cognizable claim, it was error for the trial court to deny the motion without attaching those portions of the record which conclusively refute the claim. See Baxter v. State, 769 So. 2d 1097 (Fla. 2d DCA 2000).
Accordingly, we reverse the order of the trial court and remand for further proceedings. If the trial court again denies Howell’s claim, it shall attach those portions of the record which conclusively refute the claim.
Reversed and remanded for further proceedings.
PARKER, A.C.J., and WHATLEY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Flanagan v. State, 792 So. 2d 519 (Fla. 2d DCA 2001)…d to attach a copy of the 1995 sentencing guidelines. A trial court must attach copies of both the 1994 and 1995 guidelines in order to conclusively refute a defen [*520] dant’s claim that he should be resentenced pursuant to Heggs. Howell v. State, 793 So. 2d 26 (Fla. 2d DCA 2001). This error alone would require reversal in this case. Second, we note that the State apparently made changes to the 1994 score-sheet, and the trial court relied on this scoresheet without attaching the necessary documents to sup…
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Gonzalez v. State, 805 So. 2d 971 (Fla. 2d DCA 2001)…led pursuant to Florida Rule of Criminal Procedure 3.800(a). He seeks resentencing in accordance with Heggs v. State, 759 So. 2d 620 (Fla.2000). The trial court failed to attach copies of the 1994 and 1995 sentencing guidelines. See Howell v. State, 793 So. 2d 26 (Fla. 2d DCA 2001). According to the calculations that Gonzalez attached to his initial brief, he may be entitled to relief. We reverse and remand. If the trial court again summarily denies the motion, it must attach documents that conclusively refu…
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Quiles v. State, 792 So. 2d 1217 (Fla. 2d DCA 2001)…e, if the sentence exceeds the 1994 sentencing guidelines. This court cannot determine whether Quiles is' entitled to resentencing under Heggs because the trial court failed to attach a copy of the 1994 guidelines as required under Howell v. State, 793 So. 2d 26 (Fla. 2d DCA 2001). Accordingly, we reverse the denial of the motion on this ground of error. On remand, if the trial court again finds that resentencing is not necessary pursuant to Heggs, the trial court must attach to its order the record documen…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Daniels v. State, 771 So. 2d 57 (Fla. 2d DCA 2000)
- Baxter v. State, 769 So. 2d 1097 (Fla. 2d DCA 2000)