WILLIE F. WHITEHEAD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the trial court's denial of Whitehead's motion to correct sentence, finding his 68.325-month sentence fell within the valid 1994 guidelines range, but noted he may have grounds to withdraw his plea if it was conditioned on a specific sentence.
A defendant's sentence that falls within the applicable sentencing guidelines range is not subject to correction under Rule 3.800(a) even if a more recent guidelines scoresheet shows a different range.
[1] A defendant whose sentence falls within the applicable sentencing guidelines range has no entitlement to relief under Florida Rule of Criminal Procedure 3.800(a), even if…
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Join FLexlaw to unlock all legal intelligence“Neg. Plea Agreement.”
Handwritten note appearing on Whitehead's 1995 scoresheet immediately above the sentencing judge's signature, suggesting the sentence may have been conditioned upon a plea agreement.
Willie Whitehead was sentenced to 68.325 months. His 1995 guidelines scoresheet contained a handwritten note reading "Neg. Plea Agreement" and indicat…
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PER CURIAM.
Willie F. Whitehead challenges the trial court’s denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a) alleging entitlement to Heggs1 relief. We have examined his 1995 guidelines scoresheet and the calculations of his sentence under the 1994 guidelines scoresheet, both attached to the order of denial, and determine that the trial court correctly concluded that Whitehead’s sentence of 68.325 months falls within the guidelines range under the valid 1994 scoresheet. Accordingly, we affirm.
We observe on his 1995 scoresheet, immediately above the sentencing judge’s signature, a note that reads, “Neg. Plea Agreement.” This hand-written recording, when considered in concert with the fact that the sentence imposed was the shortest permissible sentence under those guidelines, suggests that Whitehead may have entered a plea conditioned upon receiving a sentence at the bottom of the guidelines. If this is the case, Whitehead may qualify to move to withdraw his plea pursuant to Florida Rule of Criminal Pro cedure 3.850. See Murphy v. State, 773 So. 2d 1174 (Fla. 2d DCA 2000) (en banc).
Affirmed.
THREADGILL, A.C.J., and GREEN and STRINGER, JJ., concur. . Heggs v. State, 759 So. 2d 620 (Fla.2000).
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- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Pagliaro v. Penske Auto Ctrs., Inc., 773 So. 2d 1174 (Fla. 2d DCA 2000)