Johnson v. State

Delrick Johnson (Defendant) appeals an order summarily denying his rule 3.800(a) motion to correct illegal sentence. We affirm, but not for the reason provided by the trial court. 1

Defendant’s first ground was that the same factors which were taken into account to calculate his guidelines score-sheet — including prior offenses, such as the robbery with a deadly weapon that was used to qualify him as a habitual violent felony offender — cannot be used as aggravating circumstances to depart upward from the guidelines. This claim lacks merit. While it is true that factors that already have been…