Valdez v. State

We reverse the order of the trial court which denied appellant’s motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). In appellant’s direct appeal to this court, we affirmed his convictions for possession of cocaine and drug paraphernalia, but reversed on the other counts and remanded for a new trial on them. Valdez v. State, 613 So.2d 916 (Fla. 4th DCA1993).

On remand appellant pled guilty to lesser included offenses of simple battery and resisting arrest, which are misdemeanors and which would have reduced his sentencing guideline scoresheet points by 8.…