Kitchen v. State

Appellant seeks review of an order denying his motion to correct sentence. Because we find that the trial court erred in denying this motion, we reverse.

Appellant was sentenced on November 3, 1993. The guidelines scoresheet called for a recommended sentence of 27 to 40 years, but since the three counts involved were third-degree felonies, the statutory maximum was 15 years. The trial court sentenced the appellant to two consecutive five-year terms, and the third count was to a concurrent three-year term. At the bottom of the sentencing order, the trial court noted that an order would be…