MITCHELL A. SMEDLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's motion to correct an illegal sentence was improperly denied summarily where scoresheet errors may have affected his plea to a sentence at the guideline floor, requiring resentencing or conclusive refutation of the claim.
Where a defendant pleads to a sentence at the bottom of the guidelines and scoresheet errors affect his lowest permissible sentence, he is entitled to resentencing pursuant to corrected scoresheets unless the trial court conclusively refutes the claim.
[1] Where a defendant pleads to a sentence at the guideline floor and scoresheet errors affect the lowest permissible sentence, the defendant is entitled to resentencing unde…
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Join FLexlaw to unlock all legal intelligence“Where a defendant pleads to a sentence at the bottom of the guidelines and a score-sheet error affects his lowest permissible sentence, he is entitled to be sentenced pursuant to a corrected scoresheet.”
Court citing Butler v. State to establish the legal standard for scoresheet errors affecting guideline-floor pleas.
Appellant entered a plea in several cases for sentences at the low end of the guidelines, but alleged improper scoring on the Criminal Punishment Code…
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PER CURIAM.
The appellant challenges the trial court’s summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the trial court’s attachments do not conclusively demonstrate that the appellant is entitled to no relief, we reverse.
The appellant alleged that he entered a plea in several cases in return for sentences at the low end of the guidelines. He further alleged that this agreement was affected by the improper scoring on a Criminal Punishment Code scoresheet of those offenses that occurred prior to the effective date of the Criminal Punishment Code and of successive community sanction violation points for said offenses. Where a defendant pleads to a sentence at the bottom of the guidelines and a score-sheet error affects his lowest permissible sentence, he is entitled to be sentenced pursuant to a corrected scoresheet. See Butler v. State, 735 So. 2d 556 (Fla. 2d DCA 1999). Here, the state concedes that two separate scoresheets should have been used but claims that this error did not prejudice the appellant. However, because the trial court failed to attach portions of the record conclusively refuting the appellant’s claim that the scoresheet errors affected his lowest permissible sentence and therefore his plea to a sentence at the bottom of the guidelines, we reverse and remand for the court below to resen-tence the appellant pursuant to corrected scoresheets or to attach record portions conclusively refuting the appellant’s claim. See Jackson v. State, 789 So. 2d 1218 (Fla. 1st DCA 2001).
REVERSED AND REMANDED.
WEBSTER, LEWIS, and HAWKES, JJ., concur.
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Citator
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Ocelyn ST. CYR v. State, 126 So. 3d 1166 (Fla. 4th DCA 2012)…appellate courts have uniformly held that the trial court is required to attach to its order those portions of the record which conclusively refute the movant’s allegations. See Watson v. State, 51 So. 3d 1204 (Fla. 4th DCA 2011); Smedley v. State, 993 So. 2d 551 (Fla. 1st DCA 2008); Perez-Boza v. State, 943 So. 2d 291 (Fla. 3d DCA 2006); Tyler v. State, 927 So. 2d 194 (Fla. 2d DCA 2006); Moore v. State, 741 So. 2d 577 (Fla. 5th DCA 1999). The record in this case consists of the foregoing documents, and the…
Authorities Cited
- Mitchell v. State, 789 So. 2d 1218 (Fla. 1st DCA 2001)
- Carnell E. Butler v. State, 735 So. 2d 556 (Fla. 2d DCA 1999)