JAMES L. BROOKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Brooks appealed a sentencing scoresheet that erroneously classified his primary conviction as armed carjacking instead of carjacking without a firearm, adding 36 points and increasing the minimum sentence from 39.3 to 66.3 months. The Fourth District affirmed the 10-year sentence under a "could-have-been-imposed" harmless error standard, holding that Rule 3.800(a) motions require relief to appear on the face of the record rather than depend on speculation about what the trial court would have imposed under a corrected scoresheet.
The Fourth District held that the "could-have-been-imposed" harmless error standard, not the "would-have-been-imposed" test, applies to Rule 3.800(a) motions. Relief under Rule 3.800(a) requires entitlement to appear on the face of the record; where a defendant could have received a longer sentence than actually imposed, no relief is warranted even if a scoresheet error existed.
[1] A motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) requires relief when court records demonstrate entitlement on their face.
[2] Entitlement to relief under Florida Rule of Criminal Procedure 3.800(a) does not appear on the face of the record if it turns on an inquiry into what a court would have d…
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Join FLexlaw to unlock all legal intelligence“Rule 3.800(a) entitles a defendant to relief when "court records demonstrate on their face an entitlement to that relief." If entitlement to relief turns on an inquiry into what a court would have done under a corrected scoresheet, then such entitlement does not appear on the "face" of the record within the meaning of the rule.”
Establishes the core holding that Rule 3.800(a) relief must appear on the face of the record, not depend on speculation about sentencing discretion.
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Join FLexlaw to unlock all legal intelligenceBrooks received a ten-year prison sentence for a violation of probation. The sentencing scoresheet contained an error, scoring his primary conviction …
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GROSS, J.
This is an appeal from an order on a motion to correct an illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). Applying the “could-have-been-imposed” harmless error standard, we affirm.
Appellant contends that a scoresheet prepared for a violation of probation sentencing erroneously scored his primary conviction as armed carjacking, instead of carjacking without a firearm. This error resulted in the scoring of the primary offense as a level nine instead of a level seven, which added 36 extra points to the scoresheet. Under the original scoresheet, the lowest permissible sentence was 66.3 months; with a proper, lower score, the lowest permissible sentence would have been 39.3 months. For the violation of probation, appellant received a ten-year prison sentence, concurrent with other sentences. The second district has held that a trial court must grant relief under rule 3.800(a) where the record reflects a scoresheet error, unless the “record establishes that the sentence ‘would have’ been the same under a corrected scoresheet.” Wilson v. State, 913 So. 2d 1277, 1279 (Fla. 2d DCA 2005) (citation omitted).
Although the “would-have-been-imposed” harmless error test is proper for rule 3.850 motions, State v. Anderson, 905 So. 2d 111 (Fla.2005), and rule 3.800(b)(2) motions, Jones v. State, 901 So. 2d 255 (Fla. 4th DCA 2005), we do not believe the test should apply to rule 3.800(a) motions.
Rule 3.800(a) entitles a defendant to relief when “court records demonstrate on their face an entitlement to that relief.” If entitlement to relief turns on an inquiry into what a court would have done under a corrected scoresheet, then such entitlement does not appear on the “face” of the record within the meaning of the rule.
Our reading of rule 3.800(a) is that it allows relief in a narrower class of cases than rule 3.850. There is no time limit for 3.800(a) motions and “[ajfter the time for filing 3.850 motions has passed, the State’s interests in finality are more compelling.” Anderson, 905 So. 2d at 118. Application of a “would have been imposed” test many years after a sentencing hearing presents practical problems — judges die and retire and memories fade. Id. Where relief appears on the face of the record such practical difficulties do not exist.
The court could have sentenced appellant 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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Brooks v. State, 969 So. 2d 238 (Fla. 2007)…t any time,” however, we did not decide which standard applies to those motions. In the case under review, the Fourth District Court of Appeal, acting en banc, unanimously applied the stricter “could-have-been-imposed” standard. See Brooks v. State, 930 So. 2d 835, 836 (Fla. 4th DCA 2006). The court certified conflict with Wilson v. State, 913 So. 2d 1277 (Fla. 2d DCA 2005), which applied the “would-have-been-imposed” standard. Id. We have jurisdiction to resolve the conflict and granted review. See art. Y, §…1 / 2
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Montoya v. State, 943 So. 2d 253 (Fla. 3d DCA 2006)…sed on direct appeal or in a motion filed under rule 3.850. Id. at 118.2 In light of the Florida Supreme Court’s holding in Anderson, including the cited to passage above, we conclude, as did the Fourth District Court of Appeal in Brooks v. State, 930 So. 2d 835 (Fla. 4th DCA 2006), that the “would-have-been-imposed” harmless error test should not be applied to motions filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In Brooks, the Fourth District Court, sitting en banc, read rule 3.800(a) to…
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Hutchinson v. State, 979 So. 2d 377 (Fla. 4th DCA 2008)…was committed on May 24, 1987. Defendant appears to have been sentenced to a term of years that could not have been imposed with a corrected score-sheet, a situation which meets the requirement for relief pursuant to rule 3.800(a). Brooks v. State, 930 So. 2d 835 (Fla. 4th DCA 2006), approved, 969 So. 2d 238 (Fla.2007). We agree with the state that the case must be remanded to the trial court for the preparation of a corrected scoresheet for count II and a determination of whether Defendant still would qual…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Anderson, 905 So. 2d 111 (Fla. 2005)
- Jones v. State, 901 So. 2d 255 (Fla. 4th DCA 2005)
- Boris Osadchuk v. Verkaik, 913 So. 2d 1277 (Fla. 5th DCA 2005)
- Wilson v. State, 913 So. 2d 1277 (Fla. 2d DCA 2005)
- Brotons v. State, 889 So. 2d 174 (Fla. 4th DCA 2004)