Sellers v. State

District Court of Appeal of Florida

Sellers v. State

591 So. 2d 331, 1992 Fla. App. LEXIS 140, 1992 WL 2653

CourtDistrict Court of Appeal of Florida

DecidedJanuary 10, 1992

DocketNo. 91-03121

StatusPublished

Cited by3 cases

This text of 591 So. 2d 331 (Sellers 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

Sellers v. State, 591 So. 2d 331, 1992 Fla. App. LEXIS 140, 1992 WL 2653 (Fla. Ct. App. 1992).

Pincite

Opinion

PER CURIAM.

Cornelius Sellers appeals the summary denial of his “motion to correct sentence to conform to verbal pronouncement.” Although the motion raises, at most, scrivener error, we believe it was properly [332]*332brought under Florida Rule of Criminal Procedure 3.800(a). See, e.g., Brown v. State, 566 So.2d 71 (Fla. 2d DCA 1990).

Sellers states that in 1982 he was charged with three separate offenses. He entered a plea to aggravated battery, in return for which the remaining charges were dropped. However, records from both circuit court and the Department of Corrections continue to show three convictions. The trial court’s order fails to refute these allegations.

After remand the trial court should reexamine the files and records and determine whether anything therein conclusively refutes Sellers’s claim. If Sellers’s court documents erroneously reflect surplus convictions, those documents should be corrected. However, if it appears instead that Sellers is simply mistaken about what he pled to, he is not entitled to relief. Such a claim more properly would be brought under rule 3.850, and in this instance would be barred by the two-year limitations period imposed by that rule.

Reversed.

SCHOONOVER, C.J., and DANAHY and PATTERSON, JJ., concur.

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

PER CURIAM.

Cornelius Sellers appeals the summary denial of his “motion to correct sentence to conform to verbal pronouncement.” Although the motion raises, at most, scrivener error, we believe it was properly [332]*332brought under Florida Rule of Criminal Procedure 3.800(a). See, e.g., Brown v. State, 566 So.2d 71 (Fla. 2d DCA 1990).

Sellers states that in 1982 he was charged with three separate offenses. He entered a plea to aggravated battery, in return for which the remaining charges were dropped. However, records from both circuit court and the Department of Corrections continue to show three convictions. The trial court’s order fails to refute these allegations.

After remand the trial court should reexamine the files and records and determine whether anything therein conclusively refutes Sellers’s claim. If Sellers’s court documents erroneously reflect surplus convictions, those documents should be corrected. However, if it appears instead that Sellers is simply mistaken about what he pled to, he is not entitled to relief. Such a claim more properly would be brought under rule 3.850, and in this instance would be barred by the two-year limitations period imposed by that rule.

Reversed.

SCHOONOVER, C.J., and DANAHY and PATTERSON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

591 So. 2d 331, 1992 Fla. App. LEXIS 140, 1992 WL 2653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sellers-v-state-fladistctapp-1992.

Opinion

Related

Cite This Page — Counsel Stack