Fulghum v. State

Nick B. Fulghum appeals the summary denial of his “motion for resentencing” which the trial court treated as a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse.

In his motion for resentencing, Fulg-hum argued that his sentencing guidelines scoresheet contained numerous calculation errors apparent on the face of the record. This claim is cognizable in a rule 3.800(a) motion. See Tanner v. State, 724 So.2d 643 (Fla. 1st DCA 1999). The State conceded these errors. The trial court accordingly reduced Fulghum’s sentence from thirty months’…