Opinion
No. 97-03798.
Opinion filed October 15, 1997.
Appeal pursuant to Fla. R. App. P. 9.140(i) from the Circuit Court for Hillsborough County; Bob Anderson Mitcham, Judge.
Brian R. Verdelotti appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He alleges that the scoresheet used in his case was prepared pursuant to the version of Florida Rule of Criminal Procedure 3.701 in effect at the time of sentencing, rather than that in effect at the time the original offense for which he was placed on probation for on July 30, 1986, was committed. Specifically, he contends that his violation of probation should have been scored as an additional offense, not as prior record. See DeVille v. State, 529 So.2d 319 (Fla. 2d DCA 1988).
The trial court did not err in denying Verdelotti's motion, although it denied it on the wrong basis. Verdelotti utilized rule 3.800(a) to raise a factual issue that is not readily apparent from the scoresheet itself. Scoresheet errors that are not apparent from the face of the scoresheet are correctable on direct appeal, but not on motion to correct an illegal sentence.See Lomont v. State, 506 So.2d 1141 (Fla. 2d DCA 1987). Verdelotti is precluded also from filing a motion pursuant to rule 3.850 because of the two-year time limit.
Affirmed.
PARKER, C.J., and PATTERSON and ALTENBERND, JJ., Concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.