Opinion
No. 97-4537
Opinion filed April 8, 1998 Certification Denied May 11, 1998 JANUARY TERM 1998
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Marc H. Gold, Judge; L.T. Case No. 92-14568 CF.
Dwain McClendon, Immokalee, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.
We affirm the denial of appellant's motion to correct his illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a), claiming incorrect calculations on the sentencing scoresheet. In his first point, he alleges that his sentence for robbery was scored at ninety-eight points because of a firearm, rather than robbery without a firearm. Although appellant is correct that the reference to a firearm was deleted in the final judgment, the sentence scoresheet would have been the same if the robbery had been committed with a deadly weapon. Thus, there does not appear to be any calculation error. To the extent that appellant's claim turns on an evidentiary dispute, it is not cognizable under a rule 3.800 motion.
Appellant also argues that his scoresheet improperly included seventeen points for "legal constraint." The state concedes this point, but we agree with the state's contention that any error is harmless as the points would have changed neither the recommended nor the permitted ranges for appellant's sentence. See Sellers v. State, 578 So.2d 339 (Fla. 1st DCA 1991), approved, 586 So.2d 340 (Fla. 1991).
GLICKSTEIN, WARNER and GROSS, JJ., concur.