Betancourt v. State

Jose Betancourt appeals an order denying, in part, his motion for correction of illegal sentence. Relying on Eady v. State, 604 So.2d 559 (Fla. 1st DCA 1992), he contends that his sentences exceed the legal maximum, and that there are facial errors on the scoresheet. We believe that Eady is wrongly decided and affirm the trial court’s order denying relief.

In response to defendant’s motion to correct illegal sentence, the State conceded that there was a classification error on the kidnapping count which was clear from the face of the record.1 The kidnapping count *558was reclassified from a life…