CALVIN MATHEWS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in summarily denying the motion to correct an illegal sentence without determining if the error was harmless.
Mathews appealed the denial of his motion to correct an illegal sentence, claiming his scoresheet was improperly calculated by including a nolle pross…
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DAVIS, Judge.
Calvin Mathews appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand.
Mathews claims his scoresheet was improperly calculated because it incorrectly scored a nolle prossed offense as the primary offense. The trial court acknowledged the error but found that the error was harmless because “Mathews’ sentence was well within the statutory maximum and could have been imposed under a correct scoresheet.” While we are aware of the recent Florida Supreme Court statement in State v. Anderson, 905 So. 2d 111, 118 (Fla.2005), which indicates that the “would-have-been-imposed standard may be too speculative and subjective for purposes of rule 3.800(a),” the law of this district, as it presently stands, nevertheless requires the trial court to grant post-conviction relief pursuant to rule 3.800(a) unless the record conclusively demonstrates that the defendant would have received the same sentence under a correct ed scoresheet. See Wilson v. State, 877 So. 2d 27 (Fla. 2d DCA 2004).
Because the transcript of the sentencing hearing was not included in the record on appeal, we cannot determine whether the record conclusively demonstrates that Mathews would have received the same sentence under a corrected scoresheet. Therefore, we reverse and remand for the trial court to make this factual determination.
Reversed and remanded.
FULMER, C.J., and VILLANTI, J., concur.
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Wilson v. State, 913 So. 2d 1277 (Fla. 2d DCA 2005)…(a) has not been resolved by the supreme court. See State v. Anderson, 905 So. 2d 111 (Fla.2005). This district currently applies the “would have” standard to determine if postconviction relief is available under rule 3.800(a). See Mathews v. State, 907 So. 2d 1291 (Fla. 2d DCA 2005); Wilson v. State, 877 So. 2d 27 (Fla. 2d DCA 2004). Under this standard, the trial court must grant postcon-viction relief unless the record establishes that the sentence “would have” been the same under a corrected scoresheet. Ma…
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Fredrick L. Wilson v. State, 944 So. 2d 1025 (Fla. 2d DCA 2006)…hs in prison. As the State concedes in this appeal, the record does not demonstrate that the trial court would have imposed the 300-month sentence under a corrected scoresheet. Accordingly, Wilson is entitled to be resentenced. See Mathews v. State, 907 So. 2d 1291 (Fla. 2d DCA 2005) (holding the trial court is required to grant postconviction relief pursuant to rule 3.800(a) unless the record conclusively demonstrates that the defendant would have received the same sentence under a corrected scoresheet). Ther…
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Ulyssess Smith v. State, 946 So. 2d 101 (Fla. 2d DCA 2006)…aughter conviction at level 5. “This district currently applies the ‘would have’ standard to determine if postconviction relief is available under rule 3.800(a).” Wilson v. State, 913 So. 2d 1277, 1279 (Fla. 2d DCA 2005); see also Mathews v. State, 907 So. 2d 1291 (Fla. 2d DCA 2005); Wilson v. State, 877 So. 2d 27 (Fla. 2d DCA 2004). “Under this standard, the trial court must grant postconviction relief unless the record establishes that the sentence ‘would have’ been the same under a corrected scoresheet.” W…
Authorities Cited
- State v. Anderson, 905 So. 2d 111 (Fla. 2005)
- Wilson v. State, 877 So. 2d 27 (Fla. 2d DCA 2004)