CHRISTIAN BROTONS, 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.
The court held that summary denial of a motion to correct an illegal sentence is improper if the record does not conclusively show the same sentence would have been imposed despite a scoresheet error.
Christian Brotons appealed the summary denial of his motion to correct an illegal sentence, arguing the court used an incorrectly calculated sentencin…
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 Error cases and more on FLexlaw
PER CURIAM.
Christian Brotons appeals the summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence in which he claimed that the court used an incorrectly calculated score-sheet at sentencing. We reverse.
Summary denial was improper. Nothing from the record was attached to the order of denial that conclusively showed the trial court would have imposed the same sentence despite the scoresheet error. See Anderson v. State, 865 So. 2d 640, 642-43 (Fla. 2d DCA), rev. granted, 879 So. 2d 624 (Fla.2004); accord Cruz v. State, 884 So. 2d 105 (Fla. 4th DCA 2004) (finding it was error for trial court to deny appellant’s request for resentencing hearing when it granted his 3.800(b)(2) motion to correct sentence because error could not be deemed harmless as record did not conclusively show that trial court would have imposed the same sentence under corrected scoresheet). See also Wilson v. State, 877 So. 2d 27 (Fla. 2d DCA 2004) (reversing denial of a rule 3.800(a) claim of scoresheet error and remanding for resentencing where the record did not conclusively demonstrate that the same sentence would have been imposed under a corrected scoresheet).
Accordingly, we reverse the order denying the 3.800(a) motion and remand for further proceedings. If the record conclusively shows that the court would have imposed the same sentence despite the sentencing error, then the court on remand must attach those records to a new order of denial. Otherwise, Brotons must be resentenced under a properly calculated scoresheet.
WARNER, SHAHOOD and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Brooks v. State, 930 So. 2d 835 (Fla. 4th DCA 2006)…to 30 years in prison; it sentenced him to only 10 years. Applying the “could-have-been-imposed” standard for harmless error, we affirm and certify conflict with Wilson v. State, 913 So. 2d 1277 (Fla. 2d DCA 2005). We recede from Brotons v. State, 889 So. 2d 174 (Fla. 4th DCA 2004), which applied the “would have been imposed” test to an appeal concerning a rule 3.800(a) motion. STEVENSON, C.J., GUNTHER, STONE, WARNER, POLEN, FARMER, KLEIN, SHAHOOD, TAYLOR, HAZOURI and MAY, JJ., concur.…
Authorities Cited
- Anderson v. State, 865 So. 2d 640 (Fla. 2d DCA 2004)
- Cruz v. State, 884 So. 2d 105 (Fla. 4th DCA 2004)
- Wilson v. State, 877 So. 2d 27 (Fla. 2d DCA 2004)