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Herrmann v. State

District Court of Appeal of Florida, Second District
Sep 1, 2000
768 So. 2d 511 (Fla. Dist. Ct. App. 2000)

Opinion

No. 2D00-1356.

Opinion filed September 1, 2000.

Appeal pursuant to Fla.R.App.P. 9.140(i) from the Circuit Court for Pasco County; William R. Webb, Judge.


Joseph Herrmann appeals the summary denial of his motion to correct a scoresheet error filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because Herrmann has stated a facially sufficient claim that is not refuted by the attachments to the trial court order, we reverse and remand for reconsideration.

Herrmann alleges that a prior offense was erroneously scored as a level seven offense rather than a level six offense, thereby increasing his scoresheet total by five points. The trial court acknowledged that Herrmann's sentencing scoresheet appeared to reflect the error identified by Herrmann. If Herrmann's scoresheet was incorrect as identified by the trial court and his sentence was not negotiated as part of his plea agreement, Herrmann is entitled to be resentenced with a corrected scoresheet. See McPherson v. State, 750 So.2d 125 (Fla. 2d DCA 2000).

Reversed and remanded.

BLUE, A.C.J., and WHATLEY and SALCINES, JJ., Concur.


Summaries of

Herrmann v. State

District Court of Appeal of Florida, Second District
Sep 1, 2000
768 So. 2d 511 (Fla. Dist. Ct. App. 2000)
Case details for

Herrmann v. State

Case Details

Full title:JOSEPH HERRMANN, Appellant v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Sep 1, 2000

Citations

768 So. 2d 511 (Fla. Dist. Ct. App. 2000)

Citing Cases

Hoag v. State

Errors in offense-level scoring are cognizable in a rule 3.800(a) motion. See Herrmann v. State, 768 So.2d…