Opinion
No. 99-3215.
Opinion filed December 1, 1999.
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barry E. Goldstein, Judge; L.T. Nos. 86-13424 CF10 and 86-13598 CF10.
Charles Ferguson, Belle Glade, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Leslie T. Campbell, Assistant Attorney General, West Palm Beach, for appellee.
In his rule 3.800(a) motion to correct illegal sentence, Charles Ferguson alleged that his sentencing guidelines score sheet was miscalculated because his primary offense was misclassified as a category 9 offense. We affirm the denial of his motion on that allegation. Fla. R. Crim. P. 3.701(c) (1989).
However, we reject the state's argument that denial was proper because Ferguson failed to attach a copy of the score sheet to his motion. A movant is required only to allege what part of the record demonstrates an entitlement to relief. Toro v. State, 719 So.2d 947 (Fla. 4th DCA 1998). There is no requirement that he physically attach the record excerpt to the motion.
Ferguson raised an additional challenge to the score sheet calculations in his motion for rehearing. Motions for rehearing are not authorized under rule 3.800(a). Wright v. State, 643 So.2d 1157 (Fla. 4th DCA 1994). Because an error in the calculation of a score sheet can be corrected at any time, affirmance is without prejudice to Ferguson to file a new motion in the trial court that includes that allegation.
WARNER, C.J., STEVENSON and HAZOURI, JJ., concur.