Hyland v. State

District Court of Appeal of Florida

Hyland v. State

25 So. 3d 1251, 2010 Fla. App. LEXIS 274, 2010 WL 173633

CourtDistrict Court of Appeal of Florida

DecidedJanuary 20, 2010

Docket3D09-2708

StatusPublished

This text of 25 So. 3d 1251 (Hyland 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

Hyland v. State, 25 So. 3d 1251, 2010 Fla. App. LEXIS 274, 2010 WL 173633 (Fla. Ct. App. 2010).

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Opinion

COPE, J.

This is an appeal of an order denying a motion filed under Florida Rule of Criminal Procedure 3.800(a). We affirm.

Excellus Hyland’s motion was filed in Miami-Dade County case number 97-10896. He states that he is serving an eleven-year guidelines sentence, and alleges that through a scoresheet error, his guidelines maximum was erroneously calculated. He maintains that if the error is corrected, he must be resentenced to a lower sentence in order to stay within the guidelines range.

The State filed a response in the trial court saying, among other things, that Rule 3.800(a) cannot be used for this purpose. The State is incorrect. Rule 3.800(a) states in part that “[a] court may at any time correct ... an incorrect calculation made by it in a sentencing score-sheet .... ”

On the merits, however, we affirm. Defendant-appellant Hyland maintains that he was not convicted of aggravated assault in Miami-Dade County circuit court case number 96-31101, but the record before us contains an order withholding adjudication on entry of a guilty plea to the offense of aggravated assault as reduced in count two of the information. See Fla. R.Crim. P. 3.703(d)(6) (“ ‘Conviction’ means a determination of guilt resulting from plea or trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended.”).

Affirmed.

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COPE, J.

This is an appeal of an order denying a motion filed under Florida Rule of Criminal Procedure 3.800(a). We affirm.

Excellus Hyland’s motion was filed in Miami-Dade County case number 97-10896. He states that he is serving an eleven-year guidelines sentence, and alleges that through a scoresheet error, his guidelines maximum was erroneously calculated. He maintains that if the error is corrected, he must be resentenced to a lower sentence in order to stay within the guidelines range.

The State filed a response in the trial court saying, among other things, that Rule 3.800(a) cannot be used for this purpose. The State is incorrect. Rule 3.800(a) states in part that “[a] court may at any time correct ... an incorrect calculation made by it in a sentencing score-sheet .... ”

On the merits, however, we affirm. Defendant-appellant Hyland maintains that he was not convicted of aggravated assault in Miami-Dade County circuit court case number 96-31101, but the record before us contains an order withholding adjudication on entry of a guilty plea to the offense of aggravated assault as reduced in count two of the information. See Fla. R.Crim. P. 3.703(d)(6) (“ ‘Conviction’ means a determination of guilt resulting from plea or trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended.”).

Affirmed.

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Bluebook (online)

25 So. 3d 1251, 2010 Fla. App. LEXIS 274, 2010 WL 173633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hyland-v-state-fladistctapp-2010.