Legal Opinion

Ronald A. Thomas Jr. v. State of Florida

District Court of Appeal of Florida

Decided October 22, 2014No. 1D14-1255PublishedCited by 2 opinions

1Per curiam

The appellant challenges the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). For the reasons discussed below, we reverse and remand for the trial court to give the appellant an opportunity to file his claim in a facially sufficient rule 3.850 motion.

The appellant alleges that one of his prior convictions was scored improperly on his scoresheet. Because the motion was filed pursuant to rule 3.800(a) and did not meet the pleading requirements of rule 3.850, the trial court applied the “could-have-been-imposed” test and denied…

2Cases cited2 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. Kelsey v. StateDistrict Court of Appeal of Florida · 2012

3Cited by2 opinions

  1. EZEKIEL GANDY, III v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  2. Gandy v. StateDistrict Court of Appeal of Florida · 2018

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