ALONZO MCCULLOUGH, 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.
Alonzo McCullough appealed the trial court's denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a), alleging that a juvenile adjudication for third-degree felony burglary was improperly scored as a second-degree felony on his sentencing guidelines scoresheet. The appellate court reversed and remanded because the trial court's attachments did not conclusively refute McCullough's claim.
The court held that McCullough's claim was cognizable under rule 3.800(a) and that the trial court's attachments did not conclusively refute the claim because they did not reflect the nature of the underlying offenses in three of the four prior second-degree felony convictions listed on the scoresheet.
[1] A motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) is cognizable if the error can be corrected based on the face of the record and…
[2] Attachments to an order denying a motion to correct an illegal sentence must conclusively refute the movant's claim to prevent reversal.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Such a claim is cognizable in a 3.800(a) motion where the error can be corrected based on the face of the record and the movant so alleges.”
Establishes that improper scoring of prior convictions on sentencing guidelines is properly raised under rule 3.800(a)
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMcCullough had four juvenile adjudications for burglary, one of which was allegedly a third-degree felony. His sentencing guidelines scoresheet indica…
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 Face Of The Record cases and more on FLexlaw
[*87] STRINGER, Judge.
Alonzo McCullough challenges the order of the trial court denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the attachments to the trial court’s order do not conclusively refute the claim, we reverse and remand for further proceedings.
McCullough filed a rule 3.800(a) motion alleging that a burglary conviction that was scored in the “prior record” category on the sentencing guidelines scoresheet was in fact a third-degree felony but was scored as a second-degree felony. Such a claim is cognizable in a 3.800(a) motion where the error can be corrected based on the face of the record and the movant so alleges. McCullough v. State, 777 So. 2d 1091 (Fla. 2d DCA 2001).
In his motion, McCullough claimed that he had four juvenile adjudications for burglary, one of which was a third-degree felony. He further alleged that this juvenile adjudication for a third-degree felony was scored as a second-degree felony on his sentencing guidelines scoresheet. The “prior record” category on the scoresheet indicates that McCullough had four prior second-degree felony convictions and no prior third-degree felony convictions. In McCullough, we reversed the order denying McCullough’s motion and remanded with instructions that the trial court consider his claim. On remand, the trial court again denied the motion, attaching a copy of a judgment and sentence showing an adult conviction for a second-degree felony with burglary as the offense.
However, the attachments to the trial court’s order do not conclusively refute McCullough’s claim. As noted, the guidelines scoresheet indicates that McCullough had four prior second-degree felony convictions. We have no way of determining from the attachments whether a juvenile adjudication for a third-degree felony was improperly scored as a second-degree felony since the attachments do not reflect the nature of the underlying offenses in three of McCullough’s four prior second-degree felony convictions.
Accordingly, we reverse the order of the trial court and remand for further proceedings. If the trial court again denies this claim, it shall attach those portions of the record that conclusively refute the claim, or it shall demonstrate that the claim is not determinable from the face of the record.
Reversed and remanded.
NORTHCUTT and CASANUEVA, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gill v. State, 829 So. 2d 299 (Fla. 2d DCA 2002)…g guidelines score-sheet was improperly scored is cognizable in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) “where the error can be corrected based on the face of the record and the movant so alleges.” McCullough v. State, 805 So. 2d 86, 87 (Fla. 2d DCA 2002). Gill’s particular claims are cognizable in a rule 3.800(a) motion. See Holt v. State, 781 So. 2d 498 (Fla. 5th DCA 2001). [*300] In its order, the trial court recognized that grounds two and three of Gill’s motion raised rule…
-
McMILLIAN v. State, 827 So. 2d 354 (Fla. 2d DCA 2002)…was ineffective for not objecting to it being scored. Id. at 958. A claim of scoresheet error is cognizable in a rule 3.800(a) motion “where the error can be corrected based on the face of the record and the movant so alleges.” McCullough v. State, 805 So. 2d 86, 87 (Fla. 2d DCA 2002) (citation omitted). Because McMillian did not allege that any scoresheet error could be resolved from the court record, he did not present a facially sufficient claim. We therefore affirm the order of the trial court without p…
Authorities Cited
- McCULLOUGH v. State, 777 So. 2d 1091 (Fla. 2d DCA 2001)