Spearing v. State

Appellant challenges the trial court’s summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) alleging a scoresheet error. We reject the argument that the error is harmless, and reverse.

On October 6, 1993, Appellant pled guilty to two counts of attempted capital sexual battery, lesser-included offenses of capital sexual battery, and was sentenced pursuant to a scoresheet to seven years’ imprisonment followed by five years’ probation. Appellant was found to have violated his probation on three separate occasions. On the most recent occasion, Appellant was…