From Casetext: Smarter Legal Research

Spaulding v. State

District Court of Appeal of Florida, Second District
Aug 15, 2001
793 So. 2d 95 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 2D01-1549

Opinion filed August 15, 2001.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Sarasota County; Nancy K. Donnellan, Judge.


Donald Spaulding appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Spaulding alleged that he was entitled to be resentenced pursuant to Heggs v. State, 759 So.2d 620 (Fla. 2000). The trial court summarily denied this claim finding that Spaulding's sentence was still within the 1994 guidelines range. See Heggs, 759 So.2d at 627. The trial court, however, failed to attach copies of the 1994 or the 1995 sentencing guidelines scoresheets. We reverse.

A trial court must attach copies of both the 1994 and 1995 guidelines in order to conclusively refute a defendant's claim that resentencing is necessary pursuant to Heggs. Howell v. State, 26 Fla. L. Weekly D889 (Fla. 2d DCA Mar. 28, 2001). Because the trial court failed to attach the required scoresheets, Spaulding's claim has not been conclusively refuted. Accordingly, we reverse the order of the trial court and remand for further proceedings. If the trial court again denies Spaulding's claim, it shall attach those portions of the record which conclusively refute his claim.

Reversed and remanded.

FULMER, A.C.J., and GREEN, J., Concur.


Summaries of

Spaulding v. State

District Court of Appeal of Florida, Second District
Aug 15, 2001
793 So. 2d 95 (Fla. Dist. Ct. App. 2001)
Case details for

Spaulding v. State

Case Details

Full title:DONALD SPAULDING, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Aug 15, 2001

Citations

793 So. 2d 95 (Fla. Dist. Ct. App. 2001)