Patterson v. State

District Court of Appeal of Florida

Patterson v. State

197 So. 3d 1220, 2016 Fla. App. LEXIS 11359, 2016 WL 4035595

CourtDistrict Court of Appeal of Florida

DecidedJuly 27, 2016

Docket2D15-4293

StatusPublished

This text of 197 So. 3d 1220 (Patterson 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.

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Patterson v. State, 197 So. 3d 1220, 2016 Fla. App. LEXIS 11359, 2016 WL 4035595 (Fla. Ct. App. 2016).

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Opinion

*1221 WALLACE, Judge.

Thomas Wayne Patterson appeals the order denying his motion to correct illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). Although we affirm, we write to explain our reasoning.

A jury convicted Patterson of committing, second-degree murder, and the trial court sentenced him to life imprisonment. The date of the offense was August 8, 1997. In his rule 3.800(a) motion, Patterson alleged that his sentence is illegal because his scoresheet improperly included four points for legal status violation based on ■ his having been on pretrial release when he committed the murder. See Morrison v. State, 59 So.3d 308, 313 (Fla. 2d DCA 2011) (“[W]e therefore hold that the commission of a crime while on pretrial release'does not qualify a defendant for the inclusion of legal status points on a scoresheet.”). Patterson alleged that the four points put him just over a total of 363 points, which authorized the trial court to sentence him to life imprisonment. Without thé four points, Patterson alleged, he would have scored 362.2 points, which would have placed him in a sentencing range of twenty-two' to twenty-seven yéars’ imprisonment. As a result, if the trial, court wished to depart from the recommended sentence under the guidelines and impose a life sentence, it would have been required tó provide written reasons. See Bull v. State, 782 So.2d 921, 922 (Fla. 2d DCA 2001) (stating that any departure from the guidelihes- “must be supported by written reasons existing at the time of the original sentencing”).

In denying Patterson’s motion, the postconviction court ruled that even- with a corrected scoresheet, his life sentence was *1222 not illegal because second-degree murder is punishable by a maximum sentence of life imprisonment. See § 782.04(2), Fla. Stat. (1997). But it is only under the Criminal Punishment Code that the permissible sentencing range is up to and including the statutory maximum. See Fla. R. Crim. P. 3.704(d)(25). And “[b]y its terms, the code applies only to ‘felony offenses, except capital felonies, committed on or after October 1, 1998.’ ” See Miller v. State, 177 So.3d 95, 96 (Fla. 2d DCA 2015) (quoting § 921.002, Fla. Stat. (1998)). Because Patterson’s offense was committed before the Code went into effect, he was subject to sentencing under the guidelines. In order to depart beyond the maximum allowed by a guidelines score, the trial court had to provide valid written reasons. See Fla. R. Crim. P. 3.703(d)(30).

Nevertheless, the postconviction court’s denial of Patterson’s motion was correct because the alleged impropriety in the scoring of points for legal status violation is not evident from the face of the record that was before the postconviction court. See Blocker v. State, 968 So.2d 686, 693 (Fla. 2d DCA 2007) (“In order for a sentence to be ‘illegal’ for purposes of correction under rule 3.800(a) at any time, the claim must be resolvable as a matter of law without an evidentiary determination, see State v. Callaway, 658 So.2d 983, 988 (Fla.1995), receded, from on other grounds in Dixon v. State, 730 So.2d 265 (Fla.1999).”). Patterson did not identify the parts of the record that demonstrate that he was in fact assessed points for legal status violation based on his having been on pretrial release at the time of the commission of the murder. See Santiago v. State, 22 So.3d 789, 789-90 (Fla. 5th DCA 2009) (“[T]he motion must affirmatively allege that the trial court records demonstrate on their face an entitlement to relief. A mere conclusory allegation that the answer lies in the record is insufficient to satisfy the pleading requirements of the rule. At a minimum, a rule 3.800 motion should state where in the record the information can be located and explain how the record demonstrates entitlement to relief.” (citations omitted)). If Patterson files another rule 3.800(a) motion and demonstrates that the record entitles him to relief, any such motion shall not be considered successive.

Affirmed.

NORTHCUTT and CRENSHAW, JJ., Concur.

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*1221 WALLACE, Judge.

Thomas Wayne Patterson appeals the order denying his motion to correct illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). Although we affirm, we write to explain our reasoning.

A jury convicted Patterson of committing, second-degree murder, and the trial court sentenced him to life imprisonment. The date of the offense was August 8, 1997. In his rule 3.800(a) motion, Patterson alleged that his sentence is illegal because his scoresheet improperly included four points for legal status violation based on ■ his having been on pretrial release when he committed the murder. See Morrison v. State, 59 So.3d 308, 313 (Fla. 2d DCA 2011) (“[W]e therefore hold that the commission of a crime while on pretrial release'does not qualify a defendant for the inclusion of legal status points on a scoresheet.”). Patterson alleged that the four points put him just over a total of 363 points, which authorized the trial court to sentence him to life imprisonment. Without thé four points, Patterson alleged, he would have scored 362.2 points, which would have placed him in a sentencing range of twenty-two' to twenty-seven yéars’ imprisonment. As a result, if the trial, court wished to depart from the recommended sentence under the guidelines and impose a life sentence, it would have been required tó provide written reasons. See Bull v. State, 782 So.2d 921, 922 (Fla. 2d DCA 2001) (stating that any departure from the guidelihes- “must be supported by written reasons existing at the time of the original sentencing”).

In denying Patterson’s motion, the postconviction court ruled that even- with a corrected scoresheet, his life sentence was *1222 not illegal because second-degree murder is punishable by a maximum sentence of life imprisonment. See § 782.04(2), Fla. Stat. (1997). But it is only under the Criminal Punishment Code that the permissible sentencing range is up to and including the statutory maximum. See Fla. R. Crim. P. 3.704(d)(25). And “[b]y its terms, the code applies only to ‘felony offenses, except capital felonies, committed on or after October 1, 1998.’ ” See Miller v. State, 177 So.3d 95, 96 (Fla. 2d DCA 2015) (quoting § 921.002, Fla. Stat. (1998)). Because Patterson’s offense was committed before the Code went into effect, he was subject to sentencing under the guidelines. In order to depart beyond the maximum allowed by a guidelines score, the trial court had to provide valid written reasons. See Fla. R. Crim. P. 3.703(d)(30).

Nevertheless, the postconviction court’s denial of Patterson’s motion was correct because the alleged impropriety in the scoring of points for legal status violation is not evident from the face of the record that was before the postconviction court. See Blocker v. State, 968 So.2d 686, 693 (Fla. 2d DCA 2007) (“In order for a sentence to be ‘illegal’ for purposes of correction under rule 3.800(a) at any time, the claim must be resolvable as a matter of law without an evidentiary determination, see State v. Callaway, 658 So.2d 983, 988 (Fla.1995), receded, from on other grounds in Dixon v. State, 730 So.2d 265 (Fla.1999).”). Patterson did not identify the parts of the record that demonstrate that he was in fact assessed points for legal status violation based on his having been on pretrial release at the time of the commission of the murder. See Santiago v. State, 22 So.3d 789, 789-90 (Fla. 5th DCA 2009) (“[T]he motion must affirmatively allege that the trial court records demonstrate on their face an entitlement to relief. A mere conclusory allegation that the answer lies in the record is insufficient to satisfy the pleading requirements of the rule. At a minimum, a rule 3.800 motion should state where in the record the information can be located and explain how the record demonstrates entitlement to relief.” (citations omitted)). If Patterson files another rule 3.800(a) motion and demonstrates that the record entitles him to relief, any such motion shall not be considered successive.

Affirmed.

NORTHCUTT and CRENSHAW, JJ., Concur.

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197 So. 3d 1220, 2016 Fla. App. LEXIS 11359, 2016 WL 4035595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-state-fladistctapp-2016.

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