The district court concluded that "[u]nless the record can conclusively demonstrate that the trial court would have sentenced Walker to the same sentence using a corrected scoresheet, he is entitled to be resentenced using a corrected scoresheet." Id.; accord Knowles v. State, 791 So.2d 534, 535 (Fla. 4th DCA 2001) (reversing, where State conceded scoresheet error raised in defendant's 3.850 motion, for the trial court to "provide proof that the sentencing guidelines scoresheet error did not affect Knowles' sentence or to re-sentence him with a corrected scoresheet"); Bigham v. State, 761 So.2d 431, 432-33 (Fla. 2d DCA 2000) (reversing the summary denial of defendant's 3.850 claim of scoresheet error for record attachments conclusively proving that the error did not affect the defendant's sentence or for resentencing with a correct scoresheet); Hammett v. State, 746 So.2d 1190, 1191 (Fla. 2d DCA 1999) (reversing for resentencing, where the trial court conceded error, the summary denial of the defendant's scoresheet error claim under rule 3.850 because the "record d[id] not conclusively demonstrate the trial court would have given Hammett the same sentence if the scoresheet had been properly calculated"). B. The Could-Have-Been-Imposed Test
This court has, however, not understood Heggs as establishing such a generally applicable standard for determining whether scoresheet errors require resentencing. On the contrary, in Voss v. State, 808 So.2d 282 (Fla. 2d DCA 2002), Collins v. State, 788 So.2d 1109 (Fla. 2d DCA 2001), and Bigham v. State, 761 So.2d 431 (Fla. 2d DCA 2000) — which were decided after Heggs — we have adhered to the view that scoresheet error . . . requires resentencing unless it can be shown conclusively that the same sentence would have been imposed if the corrected scoresheet had been used by the sentencing court.Id. at 642.
This court has, however, not understood Heggs as establishing such a generally applicable standard for determining whether scoresheet errors require resentencing. On the contrary, in Voss v. State, 808 So. 2d 282 (Fla. 2d DCA 2002), Collins v. State, 788 So. 2d 1109 (Fla. 2d DCA 2001), and Bigham v. State, 761 So. 2d 431 (Fla. 2d DCA 2000) — which were decided after Heggs — we have adhered to the view that scoresheet error . . . requires resentencing unless it can be shown conclusively that the same sentence would have been imposed if the corrected scoresheet had been used by the sentencing court.Id. at 642.
This court has, however, not understood Heggs as establishing such a generally applicable standard for determining whether scoresheet errors require resentencing. On the contrary, in Voss v. State, 808 So.2d 282 (Fla. 2d DCA 2002), Collins v. State, 788 So.2d 1109 (Fla. 2d DCA 2001), and Bigham v. State, 761 So.2d 431 (Fla. 2d DCA 2000) — which were decided after Heggs — we have adhered to the view that a scoresheet error, like the error shown by Anderson, requires resentencing unless it can be shown conclusively that the same sentence would have been imposed if the corrected scoresheet had been used by the sentencing court. See also Sprankle v. State, 662 So.2d 736, 737 (Fla. 2d DCA 1995) (holding that scoresheet error was basis for relief under motion to correct illegal sentence even where sentence imposed using incorrect scoresheet was "still within the permitted range of punishment" under the correct scoresheet and stating that "[w]hen a corrected scoresheet places the defendant in a different cell, the error cannot be presumed to be harmless, unless the record conclusively demonstrates that the trial court would have given the same sentence had it known the correct score").
See Looney v. State, 728 So.2d 321, 322 (Fla. 2d DCA 1999). Accordingly, we reverse the summary denial of appellant's claim and remand the case for the trial court to attach portions of the record demonstrating that the appellant is not entitled to relief or to resentence appellant based on a corrected scoresheet.See Bigham v. State, 761 So.2d 431, 432 (Fla. 2d DCA 2000); Prescott v. State, 698 So.2d 602, 603 (Fla. 4th DCA 1997). Although the appellant's initial plea agreement indicates he agreed to be habitualized, the judgment and sentencing documentation in the record on appeal does not conclusively demonstrate that he was actually habitualized. If the appellant was sentenced as a habitual offender, then an erroneous inclusion of legal constraint points would be harmless error.