MATTHEW PIRIE
v.
STATE OF FLORIDA
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PER CURIAM
Matthew Pirie appeals the denial of his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). Pirie argues that, following the vacation of one of his two convictions in this case, he was entitled to be resentenced under a corrected scoresheet. We agree. See Pierce v. State, 281 So. 3d 569, 570 (Fla. 5th DCA 2019) and Termitus v State, 279 So. 3d 324, 326–27 (Fla. 5th DCA 2019).
Accordingly, the summary denial of Pirie’s 3.800(a) motion is reversed and this case is remanded for resentencing under a scoresheet that does not include Pirie’s vacated conviction.
REVERSED and REMANDED for resentencing under a recalculated scoresheet.
EDWARDS, HARRIS and TRAVER, JJ., concur. 2
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Pirie v. State, 279 So. 3d 324 (Fla. 5th DCA 2019)…00(a). Pirie argues that, following the vacation of one of his two convictions in this case, he was entitled to be resentenced under a corrected scoresheet. We agree. See Pierce v. State, 281 So. 3d 569, 570 (Fla. 5th DCA 2019) and Termitus v State, 279 So. 3d 324, 326–27 (Fla. 5th DCA 2019). Accordingly, the summary denial of Pirie’s 3.800(a) motion is reversed and this case is remanded for resentencing under a scoresheet that does not include Pirie’s vacated conviction. REVERSED and REMANDED for resentenc…1 / 2
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Joseph v. State (Fla. 5th DCA 2020)…perly reflected those convictions as prior convictions. Relying on this Court’s 1 Case no. 2017-CF-0027 and case no. 2017-CF-0028, respectively. 2 No direct appeal was taken in the second case, the one now before us. 2 decision in Termitus v. State, 279 So. 3d 324 (Fla. 5th DCA 2009), Joseph asserted that he was entitled to resentencing with a corrected scoresheet based on application of the would-have-been-imposed test. He argued that inclusion of the vacated prior convictions resulted in his scoresheet refl…1 / 2
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Authorities Cited
- Pierce v. State, 281 So. 3d 569 (Fla. 5th DCA 2019)
- Pirie v. State, 279 So. 3d 324 (Fla. 5th DCA 2019)