McCullough v. State

STRINGER, Judge.

Alonzo McCullough challenges the order of the trial court denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the attachments to the trial court’s order do not conclusively refute the claim, we reverse and remand for further proceedings.

McCullough filed a rule 3.800(a) motion alleging that a burglary conviction that was scored in the “prior record” category on the sentencing guidelines scoresheet was in fact a third-degree felony but was scored as a second-degree felony. Such a claim is cognizable in a 3.800(a)…