[DOWNLOAD] "Tyson v. State" by Florida Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Tyson v. State
- Author : Florida Court of Appeals
- Release Date : January 22, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
In his motion, Tyson alleged that his sentencing guidelines scoresheet included seven prior convictions which had been "either dismissed or dropped" and that a corrected scoresheet would dictate a lower sentence. The State responded to the motion and submitted, as exhibits to its response, copies of judgments and sentences entered in some of the challenged cases to support the points scored for prior record. The exhibits were not a part of the trial court record in the proceeding in which the challenged sentence was imposed. The trial court relied upon the exhibits submitted by the State as the basis for denying Tysons motion on its merits. The merit of a rule 3.800(a) motion to correct a sentence can, however, be determined only by reference to the record of the proceedings in which the challenged sentence was imposed. It was thus inappropriate for the trial court to consider the extraneous records submitted by the State.
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