FREDDIE OWEN FELDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court erred in summarily denying the motion without attaching record portions refuting the claim.
Felder alleged his scoresheet miscalculated points for community sanction violations. The trial court denied his motion without attaching record evide…
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SAWAYA, J.
Freddie Owen Felder appeals the summary denial of his rule 3.800(a) motion in which he alleged a guideline scoresheet miscalculation apparent on the face of the record.1 Specifically, the guideline score-sheet indicates that 18 points were scored for community sanction violations, which would be correct if Felder had three community sanction violations. See Fla. R.Crim. P. 3.703(d)(17) (providing that six points are to be scored for each community sanction violation). However, Felder alleges that he only had one violation.
Without attaching any portion of the record to refute Felder’s claim, the trial court denied Felder’s motion, finding that the assessment of points on the scoresheet was proper. As explained in Moore v. State, 741 So. 2d 577 (Fla. 5th DCA 1999), the burden is on the trial court to attach portions of the record refuting a defendant’s rule 3.800(a) claim. In the instant case, Felder’s allegations are facially sufficient and are not refuted. Therefore, the trial court’s order is reversed and the case is remanded for the trial court to either attach portions of the record refuting Felder’s claim or to grant the requested relief.
REVERSED and REMANDED.
HARRIS and ORFINGER, R. B., JJ„ concur. . Felder also claims that his sentence is illegal because his sentence of 82 months exceeds the statutory maximum of 60 months for a third degree felony. If the scoresheet calculation is correct, Felder's claim has no merit. See Mays v. State, 717 So. 2d 515 (Fla. 1998) (holding that where the guideline sentence exceeds the statutory maximum, it is the guideline sentence and not the statutory maximum which controls). Obviously, if Felder is correct that too many points were assessed for the community control violations, his scoresheet will have to be corrected and a sentence imposed accordingly.
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Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)…summary denial of his Rule 3.800(a) motion to correct an illegal sentence. Because the motion was facially sufficient, and the trial court failed to attach record support for the denial, we conclude that a reversal is necessary.”); Felder v. State, 828 So. 2d 409, 410 (Fla. 5th DCA 2002) (“As explained in Moore v. State, 741 So. 2d 577 (Fla. 5th DCA 1999), the burden is on the trial court to attach portions of the record refuting a defendant’s rule 3.800(a) claim.”); Stevens v. State, 818 So. 2d 599 (Fla. 5t…
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Martice D. Spears v. State, 920 So. 2d 187 (Fla. 2d DCA 2006)…time spent in jail for the charge that resulted in that sentence. See James v. State, 721 So. 2d 1265 (Fla. 3d DCA 1998). The burden is on the postconviction court to attach portions of the record refuting the rule 3.800(a) claim. Felder v. State, 828 So. 2d 409 (Fla. 5th DCA 2002). Accordingly, we reverse the order and remand for furthei proceedings. If the post-conviction court again denies Mr. Spears’ motion, it shall attach those portions of the record that conclusively refute the claim. Reversed and…
Authorities Cited
- Mays v. State, 717 So. 2d 515 (Fla. 1998)
- Moore v. State, 741 So. 2d 577 (Fla. 5th DCA 1999)