Legal Opinion

Calleja v. State

District Court of Appeal of Florida

Decided April 20, 1989No. 88-275PublishedCited by 2 opinions

1Opinion of the Court

ORFINGER, Judge.

Defendant appeals from an order denying his motion to correct an illegal sentence. See Rule 3.800(a), Fla.R.Crim.P. His double jeopardy claim and his claim that his split sentence is, in effect, a departure sentence have no merit, but we do find that his sentencing guidelines scoresheet was improperly calculated.

Rule 3.800(a) provides in pertinent part: (a) A court may at any time correct an illegal sentence imposed by it or an incorrect calculation made by it in a sentencing guidelines scoresheet.

Appellant was charged with two counts of sexual battery on a child under the age…

2Cases cited5 opinions

  1. Florida Rules of Criminal Procedure re Sentencing Guidelines (Rules 3.701 & 3.988)Supreme Court of Florida · 1987
  2. Beasley v. StateDistrict Court of Appeal of Florida · 1987
  3. Beasley v. StateSupreme Court of Florida · 1988
  4. Baker v. StateDistrict Court of Appeal of Florida · 1988
  5. Simmons v. StateDistrict Court of Appeal of Florida · 1987

3Cited by2 opinions

  1. Calleja v. StateDistrict Court of Appeal of Florida · 1990
  2. Gregory v. StateDistrict Court of Appeal of Florida · 1990

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