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McNeal v. State

District Court of Appeal of Florida, Second District
Jul 27, 1994
640 So. 2d 147 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-01576.

July 27, 1994.

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


Derek McNeal appeals his resentencing by the trial court upon his motion to correct legal sentence. We reverse.

In 1989 McNeal pleaded guilty to sale of cocaine and received a sentence of two and one-half years' imprisonment, followed by two and one-half years of probation. McNeal violated his probation in 1992 and was charged with three new substantive offenses. The trial court revoked McNeal's probation and sentenced him to a prison term totalling ten years as a habitual felony offender.

McNeal raises only one ground in his motion to correct sentence. He asserts his habitual offender sentence is illegal because he was habitualized using postoffense convictions. The trial court, in granting his motion, resentenced McNeal to ten years' imprisonment, without habitual offender status. No guideline scoresheet or other documentation was attached to the order granting relief. Therefore, we cannot determine whether or not the ten-year sentence is within McNeal's guideline scoresheet range.

Accordingly, we remand this case to the trial court for further proceedings. The court must either attach portions of the record that will substantiate the sentence imposed or sentence McNeal within the guideline scoresheet range.

Reversed and Remanded.

RYDER, A.C.J., and PATTERSON and QUINCE, JJ., concur.


Summaries of

McNeal v. State

District Court of Appeal of Florida, Second District
Jul 27, 1994
640 So. 2d 147 (Fla. Dist. Ct. App. 1994)
Case details for

McNeal v. State

Case Details

Full title:DEREK McNEAL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 27, 1994

Citations

640 So. 2d 147 (Fla. Dist. Ct. App. 1994)