DAVID MOORE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal from the denial of a motion to correct an illegal sentence imposed after the revocation of the appellant’s probation. The state commendably and correctly concedes that not only was the sentencing guideline scoresheet incorrectly calculated, but there are a host of other errors which are apparent from the face of the record such as the miseharac-terizations of the degrees of the various felonies committed by the appellant and, the omission of some of the appellant’s prior convictions. Moreover, as a result of the miscalculations in the scoresheet, it appears that the trial court imposed a departure sentence for which no reasons were given, without being aware that it was doing so.
For these reasons, we therefore reverse and remand for a resentencing hearing. Since the trial court believed that the sentence imposed was within the guidelines and did not consider whether a departure sentence was warranted, upon remand, we agree with the state that the trial court is not precluded from considering whether a departure sentence is warranted. See State v. Betancourt, 552 So. 2d 1107, 1108 (Fla.1989).
Reversed and remanded for further proceedings.
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Walker v. State, 203 So. 3d 192 (Fla. 4th DCA 2016)…Rule of Criminal Procedure 3.850. The notice of appeal divested the trial court of jurisdiction to rule on appellant’s subsequently-filed pro se motion to withdraw plea. Copeland v. State, 867 So. 2d 643 (Fla. 4th DCA 2004) (citing McCray v. State, 840 So. 2d 274, 275 (Fla. 4th DCA 2003)). Affirmed MAY, DAMOORGIAN and LEVINE, JJ., concur.…
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Adkinson v. State, 36 So. 3d 836 (Fla. 1st DCA 2010)…ithdraw the plea was filed after the notice of appeal, which divested the trial court of jurisdiction to consider the motion. See Hines v. State, 32 So. 3d 678 (Fla. 1st DCA 2010); Mingo v. State, 914 So. 2d 1070 (Fla. 2d DCA 2005); McCray v. State, 840 So. 2d 274 (Fla. 4th DCA 2003). Because the trial court was without jurisdiction to consider Appellant’s motion to withdraw plea, the trial court should have [*837] dismissed the motion rather than denying it on the merits. Accordingly, we reverse that order…
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Copeland v. State, 867 So. 2d 643 (Fla. 4th DCA 2004)…issues concerning the voluntary nature of his plea in a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The notice of appeal divested the trial court of jurisdiction to rule on appellant’s motion to withdraw plea. McCray v. State, 840 So. 2d 274 (Fla. 4th DCA), rev. denied, 851 So. 2d 729 (Fla.2003). FARMER, C.J., STONE and KLEIN, JJ., concur.…
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- State v. Betancourt, 552 So. 2d 1107 (Fla. 1989)