Herrmann v. State

Joseph Herrmann appeals the summary denial of his motion to correct a scoresheet error filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because Herrmann has stated a facially sufficient claim that is not refuted by the attachments to the trial court order, we reverse and remand for reconsideration.

*512Herrmann alleges that a prior offense was erroneously scored as a level seven offense rather than a level six offense, thereby increasing his scoresheet total by five points. The trial court acknowledged that Herrmann’s sentencing scoresheet appeared to reflect the error identified by…