claim of scoresheet error in Florida

2024P. 3.800(a)(1) (“A court may at any time correct an illegal sentence imposed by it, or an incorrect calculation made by it in a sentencing scoresheet, when it is affirmatively alleged that the court records demonstrate on their face an entitlement to that relief . . . .” (emphases supplied)); see also Tasker v. State, 48 So. 3d 798, 805 (Fla. 2010) (holding that “a claim of scoresheet error on the initial CPC sentencing scoresheet utilized when a defendant is placed on probation may be raised for the first time after revocation of probation.”).

2016Tasker v. State, 48 So.3d 798, 805 (Fla.2010).

2011Brooks, 969 So.2d at 243 n. 8; State v. Anderson, 905 So.2d 111, 112 (Fla.2005).

2008State v. Anderson, 905 So.2d 111, 118 (Fla.2005).

2014See Lo-mont v. State, 506 So.2d 1141, 1142 (Fla. 2d DCA 1987) (holding that a challenge to the assessment of points for felony convictions is not a claim of scoresheet error that can be resolved on the face of the record and is cognizable in a rule 3.850 motion only if raised as a claim of ineffective assistance in failing to object to such an error); see also Soto v. State, 814 So.2d 533, 533 (Fla. 2d DCA 2002) (holding that a scoresheet error that cannot be determined “from the face of the record” may be raised as a claim of ineffective assistance of trial counsel pursuant to rule 3.850).

2006The court recognized, however, that a claim of scoresheet error readily apparent from the face of the record is cognizable under rule 3.800(a). 506 So.2d at 1141 .

2019Butdorf v. State, 150 So. 3d 849, 850 (Fla. 2d DCA 2014).

2014See Lo-mont v. State, 506 So.2d 1141, 1142 (Fla. 2d DCA 1987) (holding that a challenge to the assessment of points for felony convictions is not a claim of scoresheet error that can be resolved on the face of the record and is cognizable in a rule 3.850 motion only if raised as a claim of ineffective assistance in failing to object to such an error); see also Soto v. State, 814 So.2d 533, 533 (Fla. 2d DCA 2002) (holding that a scoresheet error that cannot be determined “from the face of the record” may be raised as a claim of ineffective assistance of trial counsel pursuant to rule 3.850).

2005See Daly v. State, 850 So.2d 617 (Fla. 2d DCA 2003).

2002A claim of scoresheet error is cognizable in a rule 3.800(a) motion “where the error can be corrected based on the face of the record and the movant so alleges.” McCullough v. State, 805 So.2d 86, 87 (Fla. 2d DCA 2002) (citation omitted).

1999"A trial court must have the benefit of a properly prepared scoresheet before it can make a fully informed decision on whether to depart from the recommended sentence." Davis v. State, 493 So.2d 82, 83 (Fla. 1st DCA 1986).