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Sprankle v. State

District Court of Appeal of Florida, Second District
Nov 1, 1995
662 So. 2d 736 (Fla. Dist. Ct. App. 1995)

Summary

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"

Summary of this case from Anderson v. State

Opinion

No. 95-02551.

November 1, 1995.

Appeal from the Circuit Court for Hillsborough County, Robert J. Simms, J.


Albert C. Sprankle appeals the summary denial of his motion to correct illegal sentence. Of the two grounds stated, only his allegation that the court improperly included points on the guidelines scoresheet in violation of Karchesky v. State, 591 So.2d 930 (Fla. 1992), appears to have merit. We, therefore, affirm in part, but reverse and remand for further proceedings consistent with this opinion.

Sprankle asserted that in calculating his score for a lewd and lascivious act the court improperly included points for victim injury. In its order denying relief, the trial court concluded that Sprankle was not harmed by the inclusion of the additional points because the sentence imposed is still within the permitted range of punishment under the guidelines. This conclusion was reached despite the acknowledged fact that when the victim injury points are not applied, Sprankle's guidelines sentence would drop one cell.

This reasoning is obviously flawed. When 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, e.g., Singleton v. State, 620 So.2d 1038 (Fla.2d DCA 1993); Burrows v. State, 649 So.2d 902, 904 (Fla. 1st DCA 1995); Deparvine v. State, 603 So.2d 679 (Fla. 1st DCA 1992).

The trial court must resentence Sprankle using a corrected scoresheet; see Sellers v. State, 578 So.2d 339, 341 (Fla. 1st DCA), approved, 586 So.2d 340 (Fla. 1991), unless after reviewing the record or conducting an evidentiary hearing it determines that actual physical injury occurred. See Fulkroad v. State, 640 So.2d 1160, 1161 (Fla.2d DCA), review denied, 649 So.2d 235 (Fla. 1994).

Affirmed in part, reversed in part and remanded for further proceedings.

DANAHY, A.C.J., and CAMPBELL and LAZZARA, JJ., concur.


Summaries of

Sprankle v. State

District Court of Appeal of Florida, Second District
Nov 1, 1995
662 So. 2d 736 (Fla. Dist. Ct. App. 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"

Summary of this case from Anderson v. State

In Sprankle, the trial court denied a motion for postconviction relief. This court reversed, holding that when a corrected scoresheet places the defendant in a different cell, the error cannot be presumed to be harmless, unless the record conclusively shows the trial court would have imposed the same sentence had it known the correct score.

Summary of this case from Hammett v. State

In Sprankle v. State, 662 So.2d 736 (Fla. 2d DCA 1995), this court stated: "When 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."

Summary of this case from Carter v. State
Case details for

Sprankle v. State

Case Details

Full title:ALBERT C. SPRANKLE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 1, 1995

Citations

662 So. 2d 736 (Fla. Dist. Ct. App. 1995)

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