Moses v. State

Appellant, Michael Hughes Moses, moved to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court denied the motion, and we affirm. We write to address the scoring of a violation of probation on which Moses was sentenced at the same time he was sentenced for a primary offense. We hold that the trial court correctly scored the VOP as an additional offense on the scoresheet, and we recede from Adekunle v. State, 916 So.2d 950 (Fla. 4th DCA 2005), to the extent that it suggests that VOP offenses sentenced at the same time as a new, primary offense…