McGuire v. State

District Court of Appeal of Florida

McGuire v. State

654 So. 2d 1305, 1995 Fla. App. LEXIS 5923, 1995 WL 326048

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 1995

DocketNo. 95-1103

StatusPublished

Cited by2 cases

This text of 654 So. 2d 1305 (McGuire 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

McGuire v. State, 654 So. 2d 1305, 1995 Fla. App. LEXIS 5923, 1995 WL 326048 (Fla. Ct. App. 1995).

Pincite

Opinion

W. SHARP, Judge.

McGuire appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He entered a negotiated plea below to second degree murder and received a forty-year prison sentence. His guidelines scoresheet put him in a seven to twenty-two year permitted sentencing range. He argues that his sentence is illegal because it is outside the applicable sentence guidelines range. We affirm.

The record in this case shows that the departure sentence was agreed to by McGuire as part of his plea bargain. He was initially charged with first degree murder. Departure sentences imposed because of a plea bargain are not illegal. Quarterman v. State, 527 So.2d 1380 (Fla.1988).

The sentence challenged here is therefore not illegal, and since it is not illegal, a rule 3.800(a) proceeding is inappropriate to correct or reduce it. Rule 3.800 provides a remedy for only two situations:

A court may at any time correct an illegal sentence imposed by it or an incorrect calculation made by it in a sentencing guidelines scoresheet.

Neither situation applies to McGuire in this case.

AFFIRMED.

PETERSON and THOMPSON, JJ., concur.

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W. SHARP, Judge.

McGuire appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He entered a negotiated plea below to second degree murder and received a forty-year prison sentence. His guidelines scoresheet put him in a seven to twenty-two year permitted sentencing range. He argues that his sentence is illegal because it is outside the applicable sentence guidelines range. We affirm.

The record in this case shows that the departure sentence was agreed to by McGuire as part of his plea bargain. He was initially charged with first degree murder. Departure sentences imposed because of a plea bargain are not illegal. Quarterman v. State, 527 So.2d 1380 (Fla.1988).

The sentence challenged here is therefore not illegal, and since it is not illegal, a rule 3.800(a) proceeding is inappropriate to correct or reduce it. Rule 3.800 provides a remedy for only two situations:

A court may at any time correct an illegal sentence imposed by it or an incorrect calculation made by it in a sentencing guidelines scoresheet.

Neither situation applies to McGuire in this case.

AFFIRMED.

PETERSON and THOMPSON, JJ., concur.

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Bluebook (online)

654 So. 2d 1305, 1995 Fla. App. LEXIS 5923, 1995 WL 326048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcguire-v-state-fladistctapp-1995.

Opinion

W. SHARP, Judge.

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