ARZY RICHARDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant's sentence was not illegal and that alleged scoresheet errors were not cognizable under rule 3.800(a).
The appellant pleaded guilty to second degree murder and received a 40-year sentence. He moved to correct his sentence, alleging it was illegal and th…
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W. SHARP, Judge.
Richardson appeals from the trial court’s summary order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), which raises two grounds. We affirm.
Richardson first alleges he received an illegal sentence. He pled guilty to the offense of second degree murder without a weapon.1 He argues the 40-year sentence he received for that offense is beyond the statutory maximum, because it exceeds 15 years. Apparently Richardson is under the impression that second degree murder is a second degree felony. Second degree murder is actually a first degree felony, punisha ble by imprisonment for a term of years, not exceeding life. § 782.04(2), Fla. Stat. (1993).
Secondly, Richardson alleges errors were made in his scoresheet for sentencing purposes. His argument that his second degree murder conviction was improperly scored as a first degree felony rather than a second degree felony, is erroneous as a matter of law as pointed out above. He also claims the trial court improperly scored as “prior record,” juvenile offenses that fell, outside the three years prior to commission of the primary offense. We can afford Richardson no relief on this claim because this type of error (if it exists) is not apparent on the face of the scoresheet. Thus it is not cognizable through proceedings brought pursuant to rule 3.800(a). See Holland v. State, 672 So. 2d 566 (Fla. 5th DCA 1996).
AFFIRMED.
GOSHORN and ANTOON, JJ., concur. . § 782.04(2), Fla. Stat. (1993).
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Acres v. State, 925 So. 2d 435 (Fla. 5th DCA 2006)…arge of burglary. This error prejudiced his sentencing score by increasing it by 42 points. This contention raises fact issues, which require an evidentiary hearing. Thus, a Rule 3.800(a) motion is not an appropriate remedy. See Richardson v. State, 705 So. 2d 608 (Fla. 5th DCA 1997). The third issue raised by Acres is that the sentences of 66 months incarceration exceed the statutory maximum penalty of 60 months and are illegal. Child abuse and neglect of a child are both third degree felonies, for which th…
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Letarius Mathis v. State, 738 So. 2d 414 (Fla. 5th DCA 1999)…the scoresheet occurred after the primary offense.” Therefore this issue cannot be addressed in a Rule 3.800(a) context. We think the trial court ruled correctly. See, e.g., Mathis v. State, 719 So. 2d 348 (Fla. 5th DCA 1998); Richardson v. State, 705 So. 2d 608 (Fla. 5th DCA 1997). See also Hernandez v. State, 698 So. 2d 906 (Fla. 4th DCA 1997); Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1991), rev. denied, 613 So. 2d 5 (Fla.1992). Compare Johnson v. State, 702 So. 2d 247 (Fla. 4th DCA 1997); Horton v. Sta…
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Newcomb v. State, 965 So. 2d 1257 (Fla. 5th DCA 2007)…PER CURIAM. AFFIRMED. See Richardson v. State, 705 So. 2d 608 (Fla. 5th DCA 1997) (upholding 40-year sentence for second-degree murder on the basis that the offense is a first-degree felony punishable .by life). THOMPSON, PLEUS and EVANDER, JJ., concur.…
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- Holland v. State, 672 So. 2d 566 (Fla. 5th DCA 1996)