JOSEPH COLEMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Joseph Coleman appealed the denial of his motion to correct an allegedly illegal sentence, claiming he was sentenced under unconstitutional 1995 sentencing guidelines rather than the valid 1994 guidelines. The appellate court affirmed the trial court's denial because Coleman failed to adequately plead that his sentence would constitute a departure under the 1994 guidelines, but allowed him to refile with proper allegations.
Coleman's motion was properly denied because he failed to allege a facially sufficient claim by not stating that his sentence under the 1995 guidelines would constitute a departure sentence under the 1994 guidelines. The trial court's order was affirmed without prejudice, permitting Coleman to file either a properly pleaded Rule 3.800(a) motion or a Rule 3.850 motion if he could state adequate grounds.
[1] A motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) must allege a facially sufficient claim to entitle the movant to relief.
[2] A defendant seeking resentencing under Heggs v. …
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Join FLexlaw to unlock all legal intelligence“Coleman failed to state in his motion that the sentence he received under the 1995 sentencing guidelines would constitute a departure sentence under the 1994 guidelines. Therefore, he has not alleged a facially sufficient claim which would entitle him to relief.”
Establishes the primary reason for affirmance—Coleman's failure to adequately plead a departure under the 1994 guidelines
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Join FLexlaw to unlock all legal intelligenceColeman received a six-year prison sentence after entering a plea of no contest. He filed a motion to correct illegal sentence under Florida Rule of C…
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SALCINES, Judge.
Joseph Coleman appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a) in which he claimed he was entitled to resentencing pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000). The record indicates Coleman received a sentence of six years in prison after entering a plea of no contest. Coleman claims that he was sentenced under the 1995 sentencing guidelines, which were declared unconstitutional in Heggs, and therefore he is entitled to be resentenced under the 1994 guidelines. The trial court denied his motion on the basis that the sentence he received would not constitute a departure under the 1994 guidelines, and therefore he is not entitled to relief. The trial court attached a 1994 guidelines scoresheet to its order apparently intended to refute Coleman’s claim, although it did not submit a 1995 scoresheet indicating how Coleman’s original score was calculated.
Nevertheless, Coleman failed to state in his motion that the sentence he received under the 1995 sentencing guidelines would constitute a departure sentence under the 1994 guidelines. Therefore, he has not alleged a facially sufficient claim which would entitle him to relief. See Daniels v. State, 771 So. 2d 57 (Fla. 2d DCA 2000). Accordingly, we affirm the trial court’s order without prejudice to Coleman’s right to file either a facially sufficient motion under rule 3.800(a), if he is able to do so, or a rule 3.850 motion pursuant to Murphy v. State, 773 So. 2d 1174 (Fla. 2d DCA 2000) (en banc), if he wishes to withdraw his plea and can state grounds to do so.
Affirmed.
'BLUE, A.C.J., and SILBERMAN, J„ concur.
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Citator
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Pagliaro v. Penske Auto Ctrs., Inc., 773 So. 2d 1174 (Fla. 2d DCA 2000)
- Daniels v. State, 771 So. 2d 57 (Fla. 2d DCA 2000)