Tosco v. State

Eduardo Tosco appeals the denial of his Rule 3.800(a) motion to correct a score-sheet error. The state concedes that upon Tosco’s revocation of probation, the score-sheet incorrectly reflected that the primary offense was a first degree felony rather than a second degree felony. A corrected score-sheet would have resulted in the lower recommended range of 12 to 17 years, and a permitted range of 9 to 22 years. It appears that the court denied Tosco’s motion based on the mistaken assumption that this issue was not cognizable by way of a 3.800(a) motion. “Rule 3.800(a) still allows a court to…