Ness v. State

Full title: WILLIAM J. NESS, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Apr 3, 1998

708 So. 2d 654 (Fla. Dist. Ct. App. 1998)

Opinion

Case No. 97-05271

Opinion filed April 3, 1998.

Appeal pursuant to Fla. R. App. P. 9.140(i) from the Circuit Court for Polk County; Ronald A. Herring, Judge.

PER CURIAM.

William J. Ness challenges the trial court's summary denial of his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800. Despite Ness's able argument that his guidelines score is incorrect under Pollis v. State, 581 So.2d 991 (Fla. 2d DCA 1991) (holding convictions for crimes which are committed after the offense for which the defendant was being sentenced are improperly scored as prior record), this is not an issue which may be addressed in a motion to correct illegal sentence. See Lomont v. State, 506 So.2d 1141 (Fla. 2d DCA 1987) (holding defendant is precluded in postconviction proceeding from challenging prior record as he must challenge guidelines scoresheet computations regarding prior record at sentencing and raise the issue on direct appeal unless the error is apparent from the face of the scoresheet). Accordingly, we affirm the trial court's summary denial of relief.

Affirmed.

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