Graham v. State

Appellant, Cal Graham, appeals the denial of his Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentencing error. We reverse and remand for resentencing because Graham’s Criminal Punishment Code scoresheet is incorrect and the record is not clear that the sentencing court would have imposed the same sentence had it been presented with the correct scoresheet calculation.

Following his conviction for possession of cocaine with intent to sell, Graham was sentenced to 59.925 months in prison, the lowest permissible prison sentence under the Criminal Punishment Code, followed by…