Florida District Courts of Appeal, 2008

Allen v. State

Florida District Courts of Appeal · Decided March 20, 2008 · Evander, Griffin, Lawson

976 So. 2d 1189; 2008 Fla. App. LEXIS 3912; 2008 WL 731594 (Southern Reporter, Second Series)

Cases that cite this one

14 later published cases cite this decision.

Jasser v. Saadeh (Fla. Dist. Ct. App. 2012)
RAUL MONTANEZ-HERNANDEZ v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2021)
JEFFREY MC LAUGHLIN v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2020)
MARIO JOEL NINA v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
JEROME RICHARDSON v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
PAUL R. AARON, JR. v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
ANGELO M. WHITE v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
WILBERT LARKINS v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
CLEVON LAMAR GHENT v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
Clark v. State (Fla. Dist. Ct. App. 2016)
Parker v. State (Fla. Dist. Ct. App. 2016)
Collins v. State (Fla. Dist. Ct. App. 2016)
Sousa v. State (Fla. Dist. Ct. App. 2014)
Henson v. State (Fla. Dist. Ct. App. 2014)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

GRIFFIN, J.

Appellant seeks review of the trial court’s summary denial of Appellant’s rule 3.800(a) motion to correct illegal sentence, raising three claims for relief. We affirm.

*1190Appellant’s first claim fails, as the trial court conclusively demonstrated, through records attached to the order, that Appellant was in actual possession of a firearm during the commission of the offenses. Appellant has essentially conceded this issue in his initial brief.

Appellant’s second and third claims raise scoresheet issues. As for these claims, the trial judge agreed that there had been scoresheet errors, but she also recognized that Appellant’s concurrent ten-year terms fell way below the guidelines minimum sentence he would have otherwise faced had a corrected scoresheet been utilized. Because the trial court “could have imposed” the same sentences, notwithstanding the scoresheet miscalculations, Appellant is not entitled to any relief. See Brooks v. State, 969 So.2d 238, 243 (Fla. 2007).

AFFIRMED.

LAWSON and EVANDER, JJ„ concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.