5D07-2624 Lawrence Burns v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-2624

Case Date: 03/03/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008

LAWRENCE BURNS, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 7, 2008 3.800 Appeal from the Circuit Court for Putnam County, Edward Hedstrom, Judge. Lawrence Burns, DeFuniak Springs, pro se. Bill McCollum, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee. EVANDER, J. Burns appeals from a summary denial of his Rule 3.800(a) 1 motion to correct sentencing. We reverse. In 1998, Burns pled no contest to lewd and lascivious assault upon a child for an incident which allegedly occurred on November 1, 1996. As a result of this plea, Burns was sentenced to five years of sex offender probation. Case No. 5D07-2624

1

Fla. R. Crim. P. 3.800(a).

Burns subsequently violated his probation and was sentenced in March, 2000, to fifty-one weeks incarceration followed by another five years of sex offender probation. In May, 2002, Burns again violated his probation. He was arrested for the VOP on January 10, 2007. The following month, Burns admitted the violation and was

sentenced to ninety months incarceration. Shortly thereafter, Burns filed his motion to correct sentence, alleging that the trial court utilized the wrong scoresheet at the 2007 sentencing. Specifically, Burns alleged that the trial court utilized a 1995 sentencing guideline scoresheet

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