Hartley v. State
| Decision Date | 13 September 1988 |
| Docket Number | No. 87-1955,87-1955 |
| Citation | 13 Fla. L. Weekly 2128,531 So.2d 990 |
| Parties | 13 Fla. L. Weekly 2128 Kenneth Blair HARTLEY, etc. Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
No appearance for appellant.
Robert A. Butterworth, Atty. Gen., and Richard E. Doran, Asst. Atty. Gen., for appellee.
Kenneth Blair Hartley appeals from an order summarily denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We find the trial court correct in concluding the issues raised by Hartley in his 3.850 motion do not entitle him to post-conviction relief, but we remand to the trial court for correction of the sentencing guidelines scoresheet and judgment.
Hartley pleaded guilty on 19 January 1987 to manslaughter and use of a firearm during the commission of a felony. His sentencing guidelines scoresheet showed the primary offense at conviction to be a first-degree felony and the additional offense at conviction a second-degree felony. This made for a total score of 152, and a presumptive sentence of 7 to 12 years' incarceration. The written judgment, however, denominated the manslaughter offense as a second-degree felony, and the use of a firearm during the commission of a felony offense as a third-degree felony. Hartley was sentenced to ten years in prison for manslaughter and to a concurrent one-year prison term for the firearm offense. The trial court also imposed the three-year mandatory minimum sentence pursuant to Section 775.087(2), Florida Statutes.
As grounds for relief, Hartley argued in the 3.850 motion that the sentencing guidelines scoresheet was improperly calculated. He contended the manslaughter charge should have been scored as a second-degree felony and the use of a firearm during the commission of a felony charge scored as a third-degree felony. This would have resulted in a total score of 87 points, for a presumptive sentence of community control or 12 to 30 months' incarceration. Hartley further charged that this error deprived the trial court of jurisdiction to impose the ten-year sentence, and that his trial counsel was ineffective in failing to raise the issue below.
The trial court denied the motion without evidentiary hearing on the basis that Hartley entered into a negotiated plea wherein he agreed to the imposition of the sentence now challenged. The court attached to the order denying the motion a copy of the plea agreement form together with excerpts from the plea hearing transcript. The plea form shows appellant agreed to a ten-year prison term as to manslaughter and to a concurrent...
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