Brotons v. State

Christian Brotons appeals the summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence in which he claimed that the court used an incorrectly calculated score-sheet at sentencing. We reverse.

Summary denial was improper. Nothing from the record was attached to the order of denial that conclusively showed the trial court would have imposed the same sentence despite the scoresheet error. See Anderson v. State, 865 So.2d 640, 642-43 (Fla. 2d DCA), rev. granted, 879 So.2d 624 (Fla.2004); accord Cruz v. State, 884 So.2d 105 (Fla. 4th DCA 2004) (finding it…