Gandy v. State

NORTHCUTT, Judge.

Ezekiel Gandy filed a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a), claiming that his Criminal Punishment Code scoresheet was inaccurate because its prior record section incorrectly listed offenses for which he had not been convicted. The postconviction court denied the motion because it would have required an evidentiary hearing. However, Gandy's claim would be cognizable in a motion filed pursuant to Florida Rule of Criminal Procedure 3.850, and it would be timely as such. See Thomas v. State, 149 So.3d 159, 160 (Fla. 1st DCA…