ANTHONY R. RODRIGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We affirm the order denying appellant’s Florida Rule of Criminal Procedure Rule 3.800(a) motion without prejudice for appellant to raise his claim in a properly sworn and legally sufficient rule 3.850 motion if appellant has not already filed such a motion. Appellant has not demonstrated that his claim that a prior grand theft conviction should not have been included on his scoresheet can be determined from the face of the record. Tyson v. State, 852 So.2d 428 (Fla. 2d DCA 2003) (explaining that generally a claim of this type may not be raised in a rule 3.800(a) motion because it requires an evidentiary determination). Likewise, the question of whether the trial court “would have” imposed a 24-month sentence if the 1.6 points scored for the prior grand theft were not included on the scoresheet should be resolved in a rule 3.850 motion. State v. Anderson, 905 So.2d 111, 112 (Fla.2005). See Brooks v. State, 969 So.2d 238, 243 n. 8 (Fla.2007).
WARNER, POLEN and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Earnest Nettles v. State, 125 So. 3d 935 (Fla. 4th DCA 2013)…osed the same sentence with a corrected scoresheet. State v. Anderson, 905 So. 2d 111 (Fla.2005); Pembrook v. State, 2 So. 3d 371 (Fla. 4th DCA 2008). An evi-dentiary hearing may be needed to determine Nettles’ prior convictions. Rodriguez v. State, 1 So. 3d 1255 (Fla. 4th DCA 2009). Accordingly, we reverse and remand for further proceedings on this claim. The summary denial of the remaining claims is affirmed. WARNER, GROSS and LEVINE, JJ., concur.…
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Cole v. State (Fla. 2d DCA 2022)…So. 3d 1045 (Fla. 2011); Brooks v. State, 969 So. 2d 238 (Fla. 2007); Purifoy v. State, 10 So. 3d 197 (Fla. 2d DCA 2009); Carpenter v. State, 884 So. 2d 385 (Fla. 2d DCA 2004); Haynes v. State, 106 So. 3d 481 (Fla. 5th DCA 2013); Rodriguez v. State, 1 So. 3d 1255 (Fla. 4th DCA 2009); Allen v. State, 976 So. 2d 1189 (Fla. 5th DCA 2008); Williams v. State, 907 So. 2d 1224 (Fla. 5th DCA 2005). VILLANTI, KHOUZAM, and STARGEL, JJ., Concur. Opinion subject to revision prior to official publication.…
Authorities Cited
- Brooks v. State, 969 So. 2d 238 (Fla. 2007)
- State v. Anderson, 905 So. 2d 111 (Fla. 2005)
- Clellan Tyson v. State, 852 So. 2d 428 (Fla. 2d DCA 2003)