Harris v. State

ERVIN, Judge.

Appellant, Walter Harris, Jr., appeals from an order denying his motion to correct illegal sentence, filed under Florida Rule of Civil Procedure 3.800(a). We reverse because the trial court erred in summarily denying appellant’s motion, since the record shows that the sentencing court exceeded the one-cell bump-up permitted for violations of probation.

Harris pled guilty to grand theft in 1990 and was sentenced to probation. He was arrested the following year and was found guilty of violating probation. His total score on his guideline seoresheet was 45 points, which resulted in a…