Fernandez v. State, 199 So. 3d 500

Fernandez pleaded guilty to two counts of sexual battery, burglary of a dwelling, and home invasion robbery after the State dropped an attempted murder charge; the trial court imposed concurrent 30-year sentences.
Fernandez filed an amended rule 3.850 motion raising five claims; the postconviction court granted relief on one double-jeopardy claim (vacating the burglary conviction) but denied resentencing and denied or summarily denied the other claims; sanctions order also entered and affirmed on appeal.
Postconviction court vacated the burglary conviction for double jeopardy but declined to resentence Fernandez using a corrected scoresheet.
Fernandez also alleged trial counsel ineffectively advised him about eligibility for gain-time/work-release programs, claiming counsel told him he would be eligible but the crimes rendered him ineligible as a matter of law.
The postconviction court summarily denied the ineffective-assistance plea-advice claim based on the plea colloquy remark that DOC, not the court, decides work release; the district court held that remark did not refute Fernandez’s allegation.
The district court affirmed denials on other claims but reversed and remanded for resentencing using a corrected scoresheet and for an evidentiary hearing on the work-release advice claim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether vacating burglary conviction required resentencing with corrected scoresheet	Fernandez: vacating the conviction changed his scoresheet and entitled him to resentencing under a correct scoresheet	State: trial court didn’t rely on the scoresheet and thus resentencing is not required	Reversed postconviction court; defendant entitled to resentencing using corrected scoresheet
Whether trial counsel was ineffective for advising Fernandez about eligibility for gain-time/work-release	Fernandez: counsel affirmatively misadvised him he would be eligible, and but-for that advice he might not have pleaded	State: eligibility is a collateral consequence; plea admonition that DOC decides bars relief	Summary denial reversed; claim facially sufficient and requires evidentiary hearing
Whether affirmative misadvice about collateral consequences can support ineffective-assistance claim	Fernandez: misadvice affected voluntariness of plea	State: collateral consequences doctrine precludes relief	Court: affirmative misadvice about collateral matters can be cognizable; Ey controls; relief possible
Whether sanctions order was reviewable here	State: sanctions were imposed after Fernandez insisted on an evidentiary hearing on suppression claim	Fernandez: appealed sanctions	Court: Fernandez did not brief sanctions on appeal; sanctions affirmed as waived issue

Tuttle v. State, 137 So. 3d 393 (Fla. 2d DCA 2014) (double-jeopardy issue involving burglary/home-invasion convictions)
State v. Tuttle, 177 So. 3d 1246 (Fla. 2015) (disapproving some aspects of lower-court precedent on related sentencing issues)
Henry v. State, 64 So. 3d 181 (Fla. 2d DCA 2011) (resentencing required when vacated conviction alters scoresheet)
Brown v. State, 1 So. 3d 1231 (Fla. 2d DCA 2009) (same)
Olivera v. State, 92 So. 3d 924 (Fla. 4th DCA 2012) (same)
Williams v. State, 92 So. 3d 322 (Fla. 1st DCA 2012) (same)
Capron v. State, 948 So. 2d 954 (Fla. 5th DCA 2007) (same)
State v. Mackey, 719 So. 2d 284 (Fla. 1998) (defendant’s right to sentencing under a properly calculated scoresheet)
State v. Anderson, 905 So. 2d 111 (Fla. 2005) (scoresheet-error standard: resentencing unnecessary only if record conclusively shows same sentence would have been imposed)
Walker v. State, 880 So. 2d 1262 (Fla. 2d DCA 2004) (quoted standard on conclusively demonstrating same sentence)
Ey v. State, 982 So. 2d 618 (Fla. 2008) (affirmative misadvice about collateral matters can render a plea involuntary and support ineffective-assistance relief)
Rose v. State, 985 So. 2d 500 (Fla. 2008) (issues not briefed on appeal are waived)