Johnson v. State, 97-2789
| Decision Date | 19 November 1997 |
| Docket Number | No. 97-2789,97-2789 |
| Citation | 702 So.2d 247 |
| Parties | 22 Fla. L. Weekly D2623 Reggie JOHNSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Reggie Johnson, Lake City, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Aubin Wade Robinson, Assistant Attorney General, West Palm Beach, for appellee.
Appellant Reggie Johnson appeals the summary denial of his motion to correct sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, alleging he was sentenced pursuant to an erroneous sentencing guidelines scoresheet. The scoresheet showed the primary offense at conviction to be the armed robbery with which he was charged rather than the strong armed robbery to which he entered a negotiated plea, placing him in a higher guideline sentence cell. It appears that the denial was based on a response by the state that guideline issues are no longer cognizable under rule 3.800(a), pursuant to Davis v. State, 661 So.2d 1193 (Fla.1995), which in fact was a misstatement of the law. Rule 3.800(a) still allows a court to correct "an incorrect calculation made by it in a sentencing guideline scoresheet" at any time, and Davis did not purport to change that.
A claim that the primary offense at conviction was the wrong offense, placing the movant in a higher sentencing range, is still a claim that may be asserted by rule 3.800(a) motion. See Watson v. State, 677 So.2d 67 (Fla. 1st DCA 1996). If an erroneous scoresheet calculation is apparent on the face of the record, it is reviewable under rule 3.800(a). See Owens v. State, 667 So.2d 905 (Fla. 4th DCA 1996).
Accordingly, we reverse and remand and direct the trial court to consider Appellant's motion on the merits.
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Atwood v. State, 1D99-3890.
...an erroneous scoresheet calculation is apparent on the face of the record, it is reviewable under rule 3.800(a)." Johnson v. State, 702 So.2d 247, 248 (Fla. 4th DCA 1997); Lewis v. State, 719 So.2d 924 (Fla. 1st DCA 1998); Corp v. State, 698 So.2d 1349 (Fla. 1st DCA 1997); Horton v. State, ......
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Mathis v. State, 99-560.
...906 (Fla. 4th DCA 1997); Judge v. State, 596 So.2d 73 (Fla. 2d DCA 1991), rev. denied, 613 So.2d 5 (Fla.1992). Compare Johnson v. State, 702 So.2d 247 (Fla. 4th DCA 1997); Horton v. State, 696 So.2d 460 (Fla. 1st DCA Petition for Writ of Habeas Corpus GRANTED. Decision AFFIRMED. PETERSON, J......
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McClain v. State
...scoresheet calculation is apparent on the face of the record, it is reviewable under rule 3.800(a).”) (quoting Johnson v. State, 702 So.2d 247, 248 (Fla. 4th DCA 1997) ); Lewis v. State, 719 So.2d 924, 925 (Fla. 1st DCA 1998) (reversing where the trial court denied a claim of scoresheet err......
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Tosco v. State, 98-1847
...a court to correct `an incorrect calculation made by it in a sentencing guidelines scoresheet' at any time...." Johnson v. State, 702 So.2d 247, 248 (Fla. 4th DCA 1997) (citing Fla. R.Crim. P. 3.800(a)). "Because the erroneous scoresheet calculation herein is apparent on the face of the rec......