EDUARDO TOSCO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Eduardo Tosco appeals the denial of his Rule 3.800(a) motion to correct a score-sheet error. The state concedes that upon Tosco’s revocation of probation, the score-sheet incorrectly reflected that the primary offense was a first degree felony rather than a second degree felony. A corrected score-sheet would have resulted in the lower recommended range of 12 to 17 years, and a permitted range of 9 to 22 years. It appears that the court denied Tosco’s motion based on the mistaken assumption that this issue was not cognizable by way of a 3.800(a) motion. “Rule 3.800(a) still allows a court to correct ‘an incorrect calculation made by it in a sentencing guidelines scoresheet’ at any time....” Johnson v. State, 702 So. 2d 247, 248 (Fla. 4th DCA 1997) (citing Fla. R.Crim. P. 3.800(a)). “Because the erroneous score-sheet calculation herein is apparent on the face of the record, it is reviewable under a rule 3.800 motion.” Glanton v. State, 705 So. 2d 945, 946 (Fla. 1st DCA 1998).
Based on this reasoning, we reverse the order and remand for reconsideration of the motion on the merits.
Reversed and remanded.
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State v. Reardon, 763 So. 2d 418 (Fla. 5th DCA 2000)…, allowing a conviction for aggravated battery to stand and conducting a subsequent prosecution for burglary with a battery, clearly would invoke the double jeopardy bars of the federal and state constitutions.3 . See § 775.021(4); Duhart v. State, 724 So. 2d 1223 (Fla. 1 st DCA 1998)(double jeopardy statute applies to necessarily lesser included offenses if the statutory elements are subsumed by the greater offense). . See Arnold v. State, 514 So. 2d 419 (Fla. 2d DCA 1987)(simple battery is a necessarily in…
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Shaw v. State, 780 So. 2d 188 (Fla. 2d DCA 2001)…does not address it. These issues are not properly raised in a rule 3.800(a) motion because Shaw’s bare assertion does not sufficiently identify any scoresheet errors and no errors are apparent from our review of the scoresheet. See Tosco v. State, 724 So. 2d 1223, 1223 (Fla. 3d DCA 1998); Romano v. State, 718 So. 2d 283, 283 (Fla. 4th DCA 1998); Judge v. State, 596 So. 2d 73, 77 (Fla. 2d DCA 1991); Polmanteer v. State, 557 So. 2d 678, 678 (Fla. 2d DCA 1990); Schneider v. State, 512 So. 2d [*191] 308, 308 (Fl…
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Conray Aiken v. State, 742 So. 2d 811 (Fla. 2d DCA 1999)…upreme court in State v. McCloud, 577 So. 2d 939, 941 (Fla.1991), held that “[a]n offense is a lesser-included offense for purposes of section 775.021(4) only if the greater offense necessarily includes the lesser offense.” See also Duhart v. State, 724 So. 2d 1223 (Fla. 1st DCA 1998). Aiken relies on Blanchard, wherein this court stated: The same act that constitutes the crime of false imprisonment (grabbing and holding the hand of the victim), also constitutes the crime of battery. Thus, it appears that the…
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- Reggie Johnson v. State, 702 So. 2d 247 (Fla. 4th DCA 1997)
- Glanton v. State, 705 So. 2d 945 (Fla. 1st DCA 1998)