Schlachter v. State

District Court of Appeal of Florida

Schlachter v. State

780 So. 2d 293, 2001 Fla. App. LEXIS 3404, 2001 WL 256029

CourtDistrict Court of Appeal of Florida

DecidedMarch 16, 2001

DocketNo. 5D00-1581

StatusPublished

This text of 780 So. 2d 293 (Schlachter 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

Schlachter v. State, 780 So. 2d 293, 2001 Fla. App. LEXIS 3404, 2001 WL 256029 (Fla. Ct. App. 2001).

Pincite

Opinion

ON MOTION FOR REHEARING

PER CURIAM.

Upon motion for rehearing we withdraw the previous order of this court and substitute the following opinion.

The trial court’s 1 May 2000 order denying the defendant’s motion to correct an illegal sentence was based on a finding that the sentence would be proper under both the 1994 and 1995 guidelines.

Initially, it should be noted that claims under Heggs v. State, 759 So.2d 620 (Fla.2000), asserting that a sentence was imposed under the unconstitutional 1995 guidelines amendment may properly be raised in a Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence. See Gault v. State, 762 So.2d 578 (Fla. 5th DCA 2000). If the sentence imposed under the 1995 guidelines could have been imposed under the 1994 guidelines without a departure then the defendant is not entitled to relief. See Heggs, 759 So.2d at 627.

The trial court determined that the defendant’s sentence could have been imposed under the 1994 guidelines. In support of this conclusion the trial court prepared and attached a 1994 guidelines seoresheet. See Fla. R.Crim. P. 3.702 and 3.990. However, there appears to be an error in the calculation of the 1994 score-sheet. The 1994 seoresheet reflects two “level 6” felonies as “additional offenses” and scores them as 18 points each. Under the 1994 guidelines “level 6” felonies as “additional offenses” are only scored 7.2 points each. The sentence imposed would be a departure sentence under a correctly [294]*294calculated 1994 guidelines seoresheet. On remand, the trial court is ordered to resen-tence the defendant under the 1994 guidelines pursuant to Heggs.

REVERSED AND REMANDED.

THOMPSON, C.J., GRIFFIN and PLEUS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

ON MOTION FOR REHEARING

PER CURIAM.

Upon motion for rehearing we withdraw the previous order of this court and substitute the following opinion.

The trial court’s 1 May 2000 order denying the defendant’s motion to correct an illegal sentence was based on a finding that the sentence would be proper under both the 1994 and 1995 guidelines.

Initially, it should be noted that claims under Heggs v. State, 759 So.2d 620 (Fla.2000), asserting that a sentence was imposed under the unconstitutional 1995 guidelines amendment may properly be raised in a Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence. See Gault v. State, 762 So.2d 578 (Fla. 5th DCA 2000). If the sentence imposed under the 1995 guidelines could have been imposed under the 1994 guidelines without a departure then the defendant is not entitled to relief. See Heggs, 759 So.2d at 627.

The trial court determined that the defendant’s sentence could have been imposed under the 1994 guidelines. In support of this conclusion the trial court prepared and attached a 1994 guidelines seoresheet. See Fla. R.Crim. P. 3.702 and 3.990. However, there appears to be an error in the calculation of the 1994 score-sheet. The 1994 seoresheet reflects two “level 6” felonies as “additional offenses” and scores them as 18 points each. Under the 1994 guidelines “level 6” felonies as “additional offenses” are only scored 7.2 points each. The sentence imposed would be a departure sentence under a correctly [294]*294calculated 1994 guidelines seoresheet. On remand, the trial court is ordered to resen-tence the defendant under the 1994 guidelines pursuant to Heggs.

REVERSED AND REMANDED.

THOMPSON, C.J., GRIFFIN and PLEUS, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

780 So. 2d 293, 2001 Fla. App. LEXIS 3404, 2001 WL 256029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schlachter-v-state-fladistctapp-2001.

Opinion

Related

Cite This Page — Counsel Stack