Vandyke v. State

Kimberly VanDyke appeals the trial court’s order denying her motion to correct her sentence, filed pursuant to Florida Rule of Criminal Procedure 8.800(a). We affirm.

In her motion, VanDyke asserted that her sentence was illegal because it failed to comport with section 775.082(10), Florida Statutes (2009).1 Specifically, *1078VanDyke relies on the fact that, although she scored only 19.9 points on her sentencing guidelines scoresheet, the trial court imposed a state prison sentence without setting forth a written finding that a non-prison sentence could present a danger to the public. This claim…