Curry v. State

District Court of Appeal of Florida

Curry v. State

106 So. 3d 504, 2013 WL 331553, 2013 Fla. App. LEXIS 1659

CourtDistrict Court of Appeal of Florida

DecidedJanuary 30, 2013

DocketNo. 4D12-792

StatusPublished

This text of 106 So. 3d 504 (Curry v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Curry v. State, 106 So. 3d 504, 2013 WL 331553, 2013 Fla. App. LEXIS 1659 (Fla. Ct. App. 2013).

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Opinion

PER CURIAM.

Maurice T. Curry appeals an order summarily denying his motion to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. He claimed that his scoresheet was miscalculated because section 921.0024(2), Florida Statutes (2005), provides “When the total sentence points exceeds 44 points, the lowest permissible sentence in prison months shall be calculated by subtracting 28 points from the total sentence points and decreasing the remaining total by 25 percent.” He maintained that the “remaining total” had not been decreased by twenty-five percent. However, by multiplying the “remaining total” by .75, as his scoresheet showed was done, the same result was achieved. Thus, Curry failed to demonstrate a scoresheet error. Further, under [505]*505any circumstances, this would not be grounds for relief under rule 3.800(a).

Affirmed.

POLEN, GROSS and TAYLOR, JJ., concur.

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PER CURIAM.

Maurice T. Curry appeals an order summarily denying his motion to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. He claimed that his scoresheet was miscalculated because section 921.0024(2), Florida Statutes (2005), provides “When the total sentence points exceeds 44 points, the lowest permissible sentence in prison months shall be calculated by subtracting 28 points from the total sentence points and decreasing the remaining total by 25 percent.” He maintained that the “remaining total” had not been decreased by twenty-five percent. However, by multiplying the “remaining total” by .75, as his scoresheet showed was done, the same result was achieved. Thus, Curry failed to demonstrate a scoresheet error. Further, under [505]*505any circumstances, this would not be grounds for relief under rule 3.800(a).

Affirmed.

POLEN, GROSS and TAYLOR, JJ., concur.

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Bluebook (online)

106 So. 3d 504, 2013 WL 331553, 2013 Fla. App. LEXIS 1659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curry-v-state-fladistctapp-2013.