Rule 3.800(A) Motion Granted Resulting in Sentence Being Reduced Due to Error as a Result of Double Jeopardy

The client was represented by private counsel on eight different cases. The charges were burglary with an assault or battery, attempted robbery, grand theft, robbery, burglary, home invasion robbery, and robbery by sudden snatching. Ultimately the client entered into a negotiated plea bargain and was sentenced to 13-years in prison.

After serving four-years of his sentence the client’s family hired us to review his case and we went to work. After reviewing his case file, we filed a motion to correct an illegal sentence, known as a Rule 3.800(a) motion. In our motion we argued that the client unlawfully pled to crimes that violated the Double Jeopardy Clause of the Constitution and as a result of him entering a plea to the lowest permissible sentence, the scoresheet error required our client to be re-sentenced.

We pointed out that the client’s scoresheet showed the primary offense was home invasion robbery, and the first additional offense was burglary with a battery. However, because both of these offenses were committed during one criminal episode, double jeopardy prohibited a conviction for burglary with a battery because it was subsumed within the primary offense of home invasion robbery. We then pointed attached a corrected scoresheet as an exhibit which showed that without the points for the burglary with a battery being included on his scoresheet, our client only scored out to 125.1 months (10 years and five months) in prison.

After reviewing the motion, the trial court and the State agreed the Defendant’s scoresheet contained an error, and because he was essentially sentenced to the lowest permissible sentence his sentence must be vacated and a re-sentencing hearing was ordered. At the resentencing hearing we were able to have the client re-sentenced to 9-years, 9 months and 5 days in prison. The Clients sentence was reduced by 39-months!

[Related] See Our Client’s Order Vacating Original Sentence

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Another win for The Law Office of Robert David Malove. It takes an experienced post-conviction attorney to properly advise you. If you or someone you know needs serious appellate or post-conviction legal representation, contact Robert David Malove today for a case evaluation.