McCullough v. State, 2D00-2994.
Decision Date | 17 January 2001 |
Docket Number | No. 2D00-2994.,2D00-2994. |
Citation | 777 So.2d 1091 |
Parties | Alonzo McCULLOUGH, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Alonzo McCullough appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). McCullough alleged that his scoresheet was improperly calculated because one of his prior convictions was erroneously scored as a second-degree felony rather than a third-degree felony. If McCullough is correct, his recommended sentence would change from life to a range of twenty-seven to forty years. McCullough further alleged that the error can be determined from a review of his presentence investigation report contained in the court record.
The trial court denied the motion finding that the claim was not cognizable in a rule 3.800(a) proceeding because the determination could not be made based on the record alone. See Lomont v. State, 506 So.2d 1141 (Fla. 2d DCA 1987)
(. ) The trial court did not, however, address or in any way refute McCullough's claim that the error could be corrected based on the presentence investigation report contained in the record, nor did the court specifically find that there was no record evidence either supporting or refuting McCullough's contention regarding his prior conviction.
We find McCullough's claim to be distinguishable from the one made in Lomont and facially sufficient because McCullough affirmatively alleged that the error could be corrected based on record evidence. See, e.g., State v. Mancino, 714 So.2d 429 (Fla.1998)
( ); Atwood v. State, 765 So.2d 242 (Fla. 1st DCA 2000) ( ); Lewis v. State, 719 So.2d 924 (Fla. 1st DCA 1998) ( ). We would...
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...true, this error would be apparent on the face of the record, and would be cognizable in a rule 3.800(a) motion. See McCullough v. State, 777 So.2d 1091 (Fla. 2d DCA 2001). Walker also claims that his scoresheet erroneously included victim injury points when there was no evidence at trial s......
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