07-4876 MITCHELL A. SMEDLEY v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-4876

Case Date: 10/10/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

MITCHELL A. SMEDLEY, Appellant, v. STATE OF FLORIDA, Appellee. _________________________/

CASE NO. 1D07-4876

Opinion filed October 10, 2008. An appeal from the Circuit Court for Okaloosa County. Thomas T. Remington, Judge. Mitchell A. Smedley, pro se, Appellant. Bill McCollum, Attorney General, and Edward C. Hill, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. The appellant challenges the trial court's summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the trial court's attachments do not conclusively demonstrate that the appellant is entitled to no relief, we reverse.

The appellant alleged that he entered a plea in several cases in return for sentences at the low end of the guidelines. He further alleged that this agreement was affected by the improper scoring on a Criminal Punishment Code scoresheet of those offenses that occurred prior to the effective date of the Criminal Punishment Code and of successive community sanction violation points for said offenses. Where a defendant pleads to a sentence at the bottom of the guidelines and a scoresheet error affects his lowest permissible sentence, he is entitled to be sentenced pursuant to a corrected scoresheet. See Butler v. State, 735 So. 2d 556 (Fla. 2d DCA 1999). Here, the state concedes that two separate scoresheets should have been used but claims that this error did not prejudice the appellant. However, because the trial court failed to attach portions of the record conclusively refuting the appellant's claim that the scoresheet errors affected his lowest permissible sentence and therefore his plea to a sentence at the bottom of the guidelines, we reverse and remand for the court below to resentence the appellant pursuant to corrected scoresheets or to attach record portions conclusively refuting the appellant's claim. See Jackson v. State, 789 So. 2d 1218 (Fla. 1st DCA 2001).

REVERSED AND REMANDED. WEBSTER, LEWIS, and HAWKES, JJ., CONCUR.

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