Dartez v. State

Appellant challenges the trial court’s summary denial of his Rule 3.800(a) motion to correct sentence in which he alleges that the trial court erroneously added 36 legal constraint points to his scoresheet for violating probation. We reverse the summary denial and remand for the trial court to attach portions of the record demonstrating that appellant is not entitled to relief or to resentence appellant based on a corrected scoresheet.

The record excerpts appended to the appellant’s motion support the allegation that appellant was not on probation when he committed the instant offense of…