Opinion
No. 4D00-243.
Opinion filed March 15, 2000.
Appeal of order denying rule 3.800(a) motion from the Circuit Court of the Fifteenth Judicial Circuit, Palm Beach County; John L. Phillips, Judge; L.T. No. 97-10947 CFA02.
Aaron Ivy, Apalachicola, pro se.
No appearance required for appellee.
The order denying the motion to correct illegal sentence is affirmed, not because the motion is legally insufficient but because appellant's sentence is not illegal. See Skidmore v. State, 688 So.2d 1014 (Fla. 3d DCA 1997) (sentence resulting from negotiated plea that exceeds guidelines range and which is based on incorrectly calculated score sheet is not illegal for purposes of motion to correct sentence as long as it does not exceed statutory maximum); Gibson v. State, 619 So.2d 31 (Fla. 4th DCA 1993) (affirming appellant's sentence notwithstanding trial court's use of incorrect and erroneously calculated sentencing guidelines score sheet, where trial cour sentenced appellant pursuant to valid plea agreement).
AFFIRMED.
WARNER, C.J., DELL and GUNTHER, JJ., concur.