Florida District Courts of Appeal, 2010

Hyland v. State

Hyland v. State
Florida District Courts of Appeal · Decided January 20, 2010 · Cope, Cortiñas, Rothenberg
25 So. 3d 1251; 2010 Fla. App. LEXIS 274; 2010 WL 173633 (Southern Reporter, Third Series)

Hyland v. State

Opinion

COPE, J.

This is an appeal of an order denying a motion filed under Florida Rule of Criminal Procedure 3.800(a). We affirm.

Excellus Hyland’s motion was filed in Miami-Dade County case number 97-10896. He states that he is serving an eleven-year guidelines sentence, and alleges that through a scoresheet error, his guidelines maximum was erroneously calculated. He maintains that if the error is corrected, he must be resentenced to a lower sentence in order to stay within the guidelines range.

The State filed a response in the trial court saying, among other things, that Rule 3.800(a) cannot be used for this purpose. The State is incorrect. Rule 3.800(a) states in part that “[a] court may at any time correct ... an incorrect calculation made by it in a sentencing score-sheet .... ”

On the merits, however, we affirm. Defendant-appellant Hyland maintains that he was not convicted of aggravated assault in Miami-Dade County circuit court case number 96-31101, but the record before us contains an order withholding adjudication on entry of a guilty plea to the offense of aggravated assault as reduced in count two of the information. See Fla. R.Crim. P. 3.703(d)(6) (“ ‘Conviction’ means a determination of guilt resulting from plea or trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended.”).

Affirmed.

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