Orsi v. State, 87-1128
| Decision Date | 09 October 1987 |
| Docket Number | No. 87-1128,87-1128 |
| Citation | 515 So.2d 268,12 Fla. L. Weekly 2397 |
| Parties | 12 Fla. L. Weekly 2397 Ernest ORSI, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Ernest Orsi appeals from an order summarily denying his motion for postconviction relief. We affirm.
Orsi is serving a twenty-year sentence for attempted sexual battery. The sentence followed a guilty plea and, although the sentence was a departure from the recommended guidelines range, Orsi did not appeal. Orsi now claims that his sentencing guidelines scoresheet was miscalculated. He appears to be correct.
Errors in a sentencing guidelines scoresheet which result in an illegal sentence may be corrected at any time pursuant to Florida Rule of Criminal Procedure 3.800(a). State v. Whitfield, 487 So.2d 1045 (Fla.1986). We have recognized that a scoresheet error may require correction even where the imposed sentence represents a valid departure from the presumptive sentence. Brown v. State, 508 So.2d 522 (Fla. 2d DCA 1987). Nevertheless, for the reasons which follow, we conclude that Orsi is not entitled to relief. The record reflects that Orsi originally was charged with sexual battery, a capital felony. § 794.011(2), Fla.Stat. (1987). Rather than face the possibility of receiving a mandatory life sentence Orsi was permitted to plead to the reduced charge of attempted sexual battery. In exchange for the reduction, Orsi stipulated to the twenty-year sentence. Under similar circumstances the court in Grimes v. State, 499 So.2d 42 (Fla. 1st DCA 1986), upheld a departure guidelines sentence. We are convinced that Orsi would have received the same sentence notwithstanding the scoresheet error. Therefore a remand for the correction of the scoresheet and for resentencing would serve no useful purpose. Brown.
Affirmed.
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...a valid plea agreement, have the sentences been affirmed under the harmless error doctrine despite the erroneous score. Orsi v. State, 515 So.2d 268 (Fla. 2d DCA 1987). Applying the parameters of harmless error discerned from these cases, we conclude that the erroneous scoresheet calculatio......
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Prieto v. State
...guidelines law." 500 So.2d at 502. There was no quid pro quo as occurs in the standard plea bargain. See, e.g., Orsi v. State, 515 So.2d 268 (Fla. 2d DCA 1987). Finally, if the sentence was meant to be consistent with guidelines, the complaints now urged by Prieto involve factual disputes s......
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Cameron v. State, 96-172
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Monroe v. State, 95-3724
...in imposing the 5-year prison term based on the use of a single scoresheet is harmless error. Sellers, 578 So.2d at 341; Orsi v. State, 515 So.2d 268 (Fla. 2d DCA 1987). On remand, the trial court should correct the written judgment to reflect that the third-degree felony to which the appel......