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Winchester v. State

District Court of Appeal of Florida, Second District
Feb 16, 2001
794 So. 2d 613 (Fla. Dist. Ct. App. 2001)

Opinion

No. 2D00-4040.

Opinion filed February 16, 2001.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Polk County; Dennis P. Maloney, Judge.

Reversed and Remanded.


Donna Winchester appeals the summary denial of her motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Winchester's motion alleged that she is entitled to be resentenced pursuant to Heggs v. State, 759 So.2d 620 (Fla. 2000). The trial court denied the motion, finding that Winchester's sentence could have been imposed under the 1994 guidelines without a departure and that therefore she was not entitled to relief. See id. at 627. But the 1994 scoresheet prepared by the State and attached to the trial court's order does not support this conclusion. Rather, it appears from the scoresheet that Winchester's sentence would have been an upward departure under the 1994 guidelines and she would be entitled to resentencing under Heggs. Accordingly, we reverse and remand for further proceedings.

We also note that the 1994 scoresheet attached to the trial court's order is nearly illegible, and we caution that the failure to attach legible copies of record documents necessary to determine that resentencing was not mandated would, standing alone, require reversal. See George v. State, 760 So.2d 293 (Fla. 2d DCA 2000).

Threadgill, A.C.J., and Northcutt and Green, JJ., Concur.


Summaries of

Winchester v. State

District Court of Appeal of Florida, Second District
Feb 16, 2001
794 So. 2d 613 (Fla. Dist. Ct. App. 2001)
Case details for

Winchester v. State

Case Details

Full title:DONNA WINCHESTER, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Feb 16, 2001

Citations

794 So. 2d 613 (Fla. Dist. Ct. App. 2001)