RAMON GALARZA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the defendant's claim of ineffective assistance of counsel regarding a sentencing scoresheet error was facially sufficient and required further review.
The defendant appealed the summary denial of his motion for postconviction relief, arguing his sentencing guidelines scoresheet included a conviction …
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COVINGTON, Judge.
Ramon Galarza timely appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Galarza claims that his sentencing guidelines scoresheet contained a conviction that should not have been scored because it was more than ten years old. See § 921.0011(5), Fla. Stat. (1997). Galarza says that he informed his trial counsel of the error, and trial counsel was ineffective for failing to object to the use of the prior conviction. We reverse and remand.
Galarza originally raised the issue of the scoresheet error in a motion to correct illegal sentence filed pursuant to rule 3.800(a). This court affirmed the summary denial of that motion without prejudice to any right Galarza might have to file a motion pursuant to rule 3.850. Galarza v. State, 792 So. 2d 600 (Fla. 2d DCA 2001). Galarza then filed the instant rule 3.850 motion, but the trial court converted the motion to a rule 3.800(b)(2) motion and denied it.
Galarza has made a facially sufficient claim that his trial counsel was ineffective. We reverse and remand for the trial court to address this claim. The trial court must attach documents that conclusively refute the claim if the trial court again summarily denies it.
Reversed and remanded.
FULMER and SILBERMAN, JJ., Concur.
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Sutton v. Fla. Parole Comm'n, 975 So. 2d 1256 (Fla. 4th DCA 2008)…rule 3.800 but by writ of mandamus); Dep’t of Corrections v. Mattress, 686 So. 2d 740 (Fla. 5th DCA 1997) (award of credit to sentence by the Department does not affect legality of sentence; judicial remedy is solely by mandamus); Robinson v. State, 818 So. 2d 543 (Fla. 2d DCA 2002) (claim that the Department awarded less credit than provided in sentence cannot be brought under rule 3.800(a) but must instead be made by mandamus). Because he concedes that his sentence was legal when imposed, his remedy for the…
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Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ramone Galarza v. State, 792 So. 2d 600 (Fla. 2d DCA 2001)
- Rodriguez v. State, 792 So. 2d 600 (Fla. 2d DCA 2001)