HYLAND v. STATE (2010)

This is an appeal of an order denying a motion filed under Florida Rule of Criminal Procedure 3.800(a).   We affirm.

Excellus Hyland's motion was filed in Miami-Dade County case number 97-10896.   He states that he is serving an eleven-year guidelines sentence, and alleges that through a scoresheet error, his guidelines maximum was erroneously calculated.   He maintains that if the error is corrected, he must be resentenced to a lower sentence in order to stay within the guidelines range.

 The State filed a response in the trial court saying, among other things, that Rule 3.800(a) cannot be used for this purpose.   The State is incorrect.  Rule 3.800(a) states in part that “[a] court may at any time correct ․ an incorrect calculation made by it in a sentencing scoresheet․”

 On the merits, however, we affirm.   Defendant-appellant Hyland maintains that he was not convicted of aggravated assault in Miami-Dade County circuit court case number 96-31101, but the record before us contains an order withholding adjudication on entry of a guilty plea to the offense of aggravated assault as reduced in count two of the information.   See Fla. R.Crim. P. 3.703(d)(6) (“ ‘Conviction’ means a determination of guilt resulting from plea or trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended.”).

Affirmed.

COPE, J.