KENNETH MICHAEL CORNS, 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's denial of the motion to correct an illegal sentence was not adequately supported by the record, requiring reversal and remand.
[1] A defendant is entitled to resentencing under Heggs v. …
[2] A trial court must attach a scoresheet or transcript to conclusively refute a defendant's claim of an illegal sentence.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceCorns appealed the denial of his motions to correct an illegal sentence, arguing he was entitled to resentencing under the Heggs ruling. The trial cou…
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
STRINGER, Judge.
Kenneth Michael Corns appeals the denial of his numerous motions to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Corns claims that he was sentenced under the 1995 sentencing guidelines, and pursuant to the ruling in Heggs v. State, 759 So. 2d 620 (Fla.2000), he is entitled to be resentenced.
The trial court denied his motion on the basis that the sentences he received do not constitute departures under the 1994 guidelines, and therefore he is not entitled to relief. The court stated in its order that in an apparent effort to establish that Corns’ sentences under the 1994 guidelines were not departures, the State added prior convictions to Corns’ scoresheet that were not included when he was originally sentenced. Although the trial court attached a 1994 scoresheet to its order denying Corns’ motions, it did not attach Corns’ original 1995 scoresheet. Without this document or a transcript of the hearing at which the additions were made to the 1994 scoresheet, we cannot conclude whether the 1994 scoresheet was properly prepared and therefore cannot adequately review whether Corns’ sentences were departures. See Howell v. State, 793 So. 2d 26 (Fla. 2d DCA 2001). Thus, we reverse and remand for the court to either attach a part of the record conclusively refuting Corns’ claim or for resentencing.
On remand, if the court again denies Corns’ motion, it must also attach a transcript from the proceeding that indicates Corns was advised of the scoresheet additions and given an opportunity to respond. See Estrada v. State, 787 So. 2d 94 (Fla. 2d DCA 2001). Based on Corns’ motions and appeal, we further note that he retains the right to file a facially sufficient motion to withdraw his pleas under rule 3.850 if he is able to do so. See Murphy v. State, 773 So. 2d 1174 (Fla. 2d DCA 2000) (en banc).
Corns’ remaining claim is affirmed without comment.
Reversed and remanded in part, affirmed in part.
THREADGILL, A.C.J., and DAVIS, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
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)
- Estrada v. State, 787 So. 2d 94 (Fla. 2d DCA 2001)
- Howell v. State, 793 So. 2d 26 (Fla. 2d DCA 2001)