SHAUNTE COLLINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Would-Have-Been-Imposed Standard cases and more on FLexlaw
PER CURIAM.
Shaunte Collins appeals the trial court’s order denying his motion to correct an illegal sentence Sled pursuant to Florida Rule of Criminal Procedure 3.800(a). Collins’ motion includes claims that incorrect calculations were made on his scoresheet. We reverse and remand for further review of two of Collins’ three claims, which we find to be legally sufficient. Wencel v. State, 915 So. 2d 1270 (Fla. 4th DCA 2005).
In his first point, Collins challenges the “prior record” points associated with one of two third degree felonies. In his third point, he challenges his “legal status” points and provides supporting dates associated with a Department of Juvenile Justice commitment and related aftercare. See generally Toro v. State, 719 So. 2d 947 (Fla. 4th DCA 1998).
We reverse the order and remand for the trial court to review those claims on the merits. See State v. Anderson, 905 So. 2d 111 (Fla.2005) (determining that the “would-have-been-imposed” standard is correct in considering a rule 3.850 motion for determining whether a scoresheet error requires resentencing but suggesting that a “could-have-been-imposed” standard would apply to a rule 3.800(a) motion).
TAYLOR and MAY, JJ., concur. GROSS, J., dissents with opinion.
GROSS, J.
I respectfully dissent because error does not appear on the face of the record.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Paul v. State, 141 So. 3d 589 (Fla. 4th DCA 2014)…court cases: 08-10007 CF10B, 09-18113 CF10A, 09-18114 CF10B and 10-20584 CF10A, as the lower court did not have jurisdiction to rule on the motions while appellant’s direct appeal was pending in this court in case number 4D12-4476. Dawudi v. State, 929 So. 2d 1188 (Fla. 4th DCA 2006); Owens v. State, 911 So. 2d 1277 (Fla. 4th DCA 2005); Perez v. State, 834 So. 2d 882 (Fla. 4th DCA 2002) (en banc). That appeal remains pending. We remand with directions to the lower court to stay proceedings on these motions un…
Authorities Cited
- State v. Anderson, 905 So. 2d 111 (Fla. 2005)
- Hardy v. Hon. Taylor Douglas, 719 So. 2d 947 (Fla. 5th DCA 1998)
- Wencel v. State, 915 So. 2d 1270 (Fla. 4th DCA 2005)