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Boerstler v. State

District Court of Appeal of Florida, First District
Aug 16, 1993
622 So. 2d 184 (Fla. Dist. Ct. App. 1993)

Summary

holding that a sentence is not rendered illegal because of scoresheet error where plea agreement "does not reflect that the plea was conditioned on [the sentence] being within the sentencing guidelines."

Summary of this case from Urquhart v. State

Opinion

No. 93-879.

August 16, 1993.

Appeal from the Circuit Court, Duval County, David C. Wiggins, J.

Appellant pro se.

No appearance for appellee.


Darrell M. Boerstler appeals the denial of his motion to correct an illegal sentence filed pursuant to Fla.R.Crim.P. 3.800(a). Boerstler alleged his scoresheet erroneously included 40 points for victim injury, citing Karchesky v. State, 591 So.2d 930 (Fla. 1992). The trial court denied his motion, finding that, while the points had been assessed erroneously, Boerstler had agreed to his 19-year sentence as part of a plea agreement, citing Gainer v. State, 590 So.2d 1001 (Fla. 1st DCA 1991). We agree with the trial court and affirm.

Boerstler pled guilty to sexual battery and burglary in return for concurrent 19-year terms and the state's agreement to nolle pros an aggravated battery charge and waive a three-year minimum mandatory term. The written plea agreement does not reflect that the plea was conditioned on 19 years being within the sentencing guidelines. Thus the sentence, imposed in accordance with a valid plea agreement, is not rendered illegal due to the circumstance that, because of a scoresheet error, it exceeded the actual guidelines range. As in Gainer, our affirmance is without prejudice to Boerstler filing an appropriate motion for collateral relief as to the voluntariness of his plea.

AFFIRMED.

JOANOS, ALLEN and WOLF, JJ., concur.


Summaries of

Boerstler v. State

District Court of Appeal of Florida, First District
Aug 16, 1993
622 So. 2d 184 (Fla. Dist. Ct. App. 1993)

holding that a sentence is not rendered illegal because of scoresheet error where plea agreement "does not reflect that the plea was conditioned on [the sentence] being within the sentencing guidelines."

Summary of this case from Urquhart v. State

affirming denial of 3.800 motion alleging Karchesky error where the defendant had agreed to a 19-year sentence and his plea agreement did not reflect that his plea was conditioned on the 19 years being within the sentencing guidelines: "Thus the sentence, imposed in accordance with a valid plea agreement, is not rendered illegal due to the circumstance that, because of a scoresheet error, it exceeded the actual guidelines range."

Summary of this case from Spring v. State
Case details for

Boerstler v. State

Case Details

Full title:DARRELL M. BOERSTLER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 16, 1993

Citations

622 So. 2d 184 (Fla. Dist. Ct. App. 1993)

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