Glanton v. State, 97-2019
| Decision Date | 12 January 1998 |
| Docket Number | No. 97-2019,97-2019 |
| Citation | 705 So.2d 945 |
| Parties | 23 Fla. L. Weekly D245 Johnny F. GLANTON, Jr., Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
No brief filed for Appellant.
No brief filed for Appellee.
Appellant challenges the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm in part and reverse in part.
On April 16, 1990, appellant was convicted of two counts of burglary and was sentenced to four years in prison (Count I) followed by three years of probation (Count II). He completed service of the prison term and began serving probation. He subsequently violated probation and, on April 21, 1993, was sentenced on Count II to two years of community control. Thereafter, he violated community control and, on October 10, 1995, was sentenced again to two years of community control, followed by one year of probation. He again violated community control and, on May 7, 1996, community control and probation were revoked and he was sentenced on Count II to eight years in prison.
In his rule 3.800 motion, he challenges the legality of his 1995 and 1996 sentences in several respects. The lower court correctly denied all of the claims specifically addressed in its order denying relief. However, the lower court failed to address appellant's claim that the 1996 sentence exceeds the three-cell bump up permitted for the violations of probation. The record on appeal includes what appears to be a copy of the original guidelines scoresheet, with handwritten notations inscribed apparently for the purpose of calculating the sentence to be imposed upon the third violation of probation in 1996. The original total point score was 74, calling for a recommended sentencing range of 2 1/2--3 1/2 years of incarceration and a permitted range of community control or 1--4 1/2 years of incarceration (utilizing a 1989 Category 5 scoresheet form). 1 A three-cell bump for the three violations of probation calls for a recommended range of 5 1/2--7 years of incarceration and a permitted range of 4 1/2--9 years of incarceration. The 8-year sentence imposed herein falls within this permitted range. However, it appears to us from our reading of the handwritten notations on the guidelines scoresheet that the trial court did indeed begin its bump-up count from a range one cell higher than the original cell, to wit: from the 91-106 point range rather than the 72-90 point range. The incorrect calculation placed appellant in the range of 7--9 years of incarceration; the correct three-cell bump-up range on the guidelines sheet used by the court would have been 5...
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Lewis v. State, 98-1633
...at any time pursuant to rule 3.800(a) as long as the alleged errors are apparent from the face of the record. E.g., Glanton v. State, 705 So.2d 945 (Fla. 1st DCA 1998); Horton v. State, 696 So.2d 460 (Fla. 1st DCA 1997); Baldwin v. State, 679 So.2d 1193 (Fla. 1st DCA 1996). Appellant's moti......
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Richardson v. State, 98-02389
...scoresheet calculations which may be raised at any time under Florida Rule of Criminal Procedure 3.800(a). See, e.g., Glanton v. State, 705 So.2d 945 (Fla. 1st DCA 1998)(stating that erroneous scoresheet calculation was apparent from the face of the record and therefore correctable under ru......
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Velazquez v. State, 97-3335.
...appeal without prejudice to Velazquez to file a proper motion under Florida Rules of Criminal Procedure 3.800(a), see Glanton v. State, 705 So.2d 945 (Fla. 1st DCA 1998) (miscalculations apparent on face of scoresheet are reviewable on a rule 3.800(a) motion), or 3.850, see State v. Callawa......
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Tosco v. State, 98-1847
...scoresheet calculation herein is apparent on the face of the record, it is reviewable under a rule 3.800 motion." Glanton v. State, 705 So.2d 945, 946 (Fla. 1st DCA 1998). Based on this reasoning, we reverse the order and remand for reconsideration of the motion on the Reversed and remanded. ...