Public-domain · open source
OpenJurist

647 So. 2d 975

Sanchez v. State

District Court of Appeal of Florida

Decided December 9, 1994

District Court of Appeal of Florida · decided 1994-12-09

Cited by 1 later decisions — most recently February 2001

1 state decisions

Relies on 629 So. 2d 281 - Smith v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-12-09

View the full empirical analysis of this case →

PER CURIAM.

¶1The sentence under review in Case No. 89-3769 is not illegal and the lower court’s order denying 3.800(a) relief is affirmed.

¶2We are unable to determine whether the sentence in Case No. 87-3478 is illegal because the court did not attach portions of the record that would support her decision to deny the Rule 3.800(a) motion. The court’s stated reason for denial, that the scoresheet error is harmless in light of the valid sentence in 89-3769, has now been rejected by this court. Smith v. State, 629 So.2d 281 (Fla. 5th DCA 1993). If the illegality of a sentence is properly brought to the court’s attention, it should be corrected even if it is unlikely to affect the amount of time the defendant is likely to be incarcerated.

¶3We remand for correction or attachment of pertinent record. Fla.RApp.P. 9.140(g).

¶4AFFIRMED in part; REVERSED in part; REMANDED.

COBB, GOSHORN and GRIFFIN, JJ., concur.
/647/so2d/975 · .json · Public domain