Ness v. State, 97-05271

• Decision Date: 03 April 1998
• Docket Number: No. 97-05271,97-05271
• Citation: 708 So.2d 654
• Parties: 23 Fla. L. Weekly D897 William J. NESS, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 654

708 So.2d 654

23 Fla. L. Weekly D897

William J. NESS, Appellant, v. STATE of Florida, Appellee.

No. 97-05271.

District Court of Appeal of Florida,

Second District.

April 3, 1998.

Appeal pursuant to Fla. R.App. P. 9.140(i) from the Circuit Court for Polk County; Ronald A. Herring, Judge.

PER CURIAM.

William J. Ness challenges the trial court's summary denial of his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800. Despite Ness's able argument that his guidelines score is incorrect under Pollis v. State, 581 So.2d 991 (Fla. 2d DCA 1991) (holding convictions for crimes which are committed after the offense for which the defendant was being sentenced are improperly scored as prior record), this is not an issue which may be addressed in a motion to correct illegal sentence. See Lomont v. State, 506 So.2d 1141 (Fla. 2d DCA 1987) (holding defendant is precluded in postconviction proceeding from challenging prior record as he must challenge guidelines scoresheet computations regarding prior record at sentencing and raise the issue on direct appeal unless the error is apparent from the face of the scoresheet). Accordingly, we affirm the trial court's summary denial of relief.

Affirmed.

BLUE, A.C.J., and WHATLEY and CASANUEVA, JJ., concur.