Public-domain · open source
OpenJurist

681 So. 2d 1210

Roche v. State

District Court of Appeal of Florida

Decided November 1, 1996

District Court of Appeal of Florida · decided 1996-11-01

Cited by 1 later decisions — most recently December 2002

1 state decisions

Relies on State v. Callaway · Davis v. State · Raley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-11-01

View the full empirical analysis of this case →

W. SHARP, Judge.

¶1Roche appeals the summary denial of his Rule 3.800(a) motion. We affirm.

¶2Roche claims his scoresheet was improperly calculated and that scoring of two convictions violated his double jeopardy rights. These are not viable claims sufficient to establish an “illegal sentence” pursuant to Florida Rule of Criminal Procedure 3.800(a). These kinds of claims cannot be determined from the face of the record because they will require an evidentiary hearing to resolve, the issues raised. Thus, the trial court properly denied the rule 3.800(a) motion in this case. See Davis v. State, 661 So.2d 1193 (Fla.1995); State v. Callaway, 658 So.2d 983 (Fla.1995); Raley v. State, 675 So.2d 170 (Fla. 5th DCA 1996), appeal dismissed, 678 So.2d 1287 (Fla.1996).

¶3AFFIRMED.

PETERSON, C.J., and GOSHORN, J., concur.
/681/so2d/1210 · .json · Public domain