Terry v. State

Richard Lee Terry appeals the denial of his motion to correct illegal sentence pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Because Terry’s claim is cognizable under rule 3.800(a) and the offenses underlying his violation of probation that occurred prior to October 1, 1986 should have been scored as additional offenses, we reverse and remand the case to the trial court with directions that Terry be resentenced. The original opinion rendered in this case on September 13, 2000 is withdrawn, and the following opinion is substituted in its place.

Terry was charged with and…