NEAL A. SCHEFFER, 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 appellate court affirmed the trial court's denial of the motion because the record conclusively showed the sentence imposed was twenty-four months, not twenty months as alleged.
Appellant alleged his oral sentence for burglary was twenty months, but the written judgment stated twenty-four months. He filed a motion to correct t…
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 Rule 3.800(A) Motion For Postconviction Relief cases and more on FLexlaw
GRIFFIN, J.
Appellant, Neal A. Scheffer [“Scheffer”], appeals the summary denial of his rule 3.800(a) motion. Scheffer alleges that he pled guilty to burglary of a dwelling and was orally sentenced to twenty months on or about February 2, 2003, but his judgment and sentence indicates that he was sentenced to twenty-four months.
The trial court denied the motion without explanation or attaching any records. However, the State’s response filed below indicates that Scheffer made the same claim in a prior rule 3.800(a) motion. According to the State’s response below, that motion was denied because the record showed that the court imposed a sentence of twenty-four months, which was the agreed sentence.
This court can take judicial notice of its own records. See Sinclair v. State, 853 So. 2d 551, 552 n. 2 (Fla. 1st DCA 2003); Fyler v. State, 852 So. 2d 442, 443 (Fla. 5th DCA), review denied, 860 So. 2d 977 (Fla.2003). Our records contain a copy of Scheffer’s plea and sentencing transcript from the prior appeal. That transcript shows clearly that the trial court orally sentenced Scheffer to “two years.” None of the other dialogue described in his brief involving “twenty months” appears. This issue is conclusively resolved against Scheffer. AFFIRMED.
SAWAYA, C.J., and PLEUS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Straitiff v. State, 228 So. 3d 1173 (Fla. 5th DCA 2017)…e meritless, . The specific details of the charges asserted [*1176] against Stapler are evidenced by the information filed and contained in the record of Stapler’s appeal. “This court can take judicial notice of its own records.” Scheffer v. State, 893 So. 2d 698, 699 (Fla. 5th DCA 2005) (citing Sinclair v. State, 853 So. 2d 551, 552 n.2 (Fla. 1st DCA 2003); Fyler v. State, 852 So. 2d 442, 443 (Fla. 5th DCA 2003)).…
-
Garfield Plummer v. State, 246 So. 3d 506 (Fla. 1st DCA 2018)…ession of a firearm by a convicted felon. See § 775.087(2)(a)(1)(f) & (r), Fla. Stat. (2012). Judicial notice of our records from Osei’s cases before the court also shows that he discharged a firearm, unlike Appellant here. See Scheffer v. State, 893 So. 2d 698, 699 (Fla. 5th DCA 2005) (“This court can take judicial notice of its own records.”). Because no firearm was discharged by Appellant, Osei is not controlling. Rather, the result in this case is governed by Walton II and Lanham which afford Appella…
-
Yancey Charles Lightner v. State, 2009 WL 2196051 (Fla. 3d DCA 2020)…orders.1 1 For a detailed procedural history see Lightner, 59 So. 3d 282. We may take judicial notice of our own files. McNish v. State, 36 So. 176 (Fla. 1904); Plummer v. State, 246 So. 3d 506, n.3 (Fla. 1st DCA 2018) (citing Sheffner v. State, 893 So. 2d 698 (Fla. 5th DCA 2005)). Petitioner currently has pending in this Court another appeal of an order denying his Rule 3.850 motion (3D19-1681). In that case, Petitioner is represented by counsel, and he claims entitlement to relief based on newly disc…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sinclair v. State, 853 So. 2d 551 (Fla. 1st DCA 2003)
- Fyler v. State, 852 So. 2d 442 (Fla. 5th DCA 2003)