# Brown v. State

> District Court of Appeal of Florida · September 15, 1989 · 14 Fla. L. Weekly 2183

URL: https://www.frixlaw.com/law-library/cases/7576759

## Case

- **Full name:** Bernard Jerome BROWN v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** September 15, 1989
- **Citations:** 14 Fla. L. Weekly 2183; 548 So. 2d 888; 1989 Fla. App. LEXIS 5061; 1989 WL 105633
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Altenbernd, Hall, Parker
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7576759

## Opinion text

PER CURIAM.
Bernard Brown appeals the judgment and sentences imposed following a jury trial for sale of a counterfeit drug and resisting arrest without violence. We affirm the convictions but remand to correct the judgment and sentencing guidelines scoresheet.
Of the two issues raised by Brown, we find merit in only one. The state concedes that Brown’s judgment and sentencing guidelines scoresheet erroneously indicate that the sale of a counterfeit drug is a second-degree felony, instead of a third-degree felony. See § 817.563(1), Fla.Stat. (1985). We remand this case to the trial court to correct the judgment and sentencing guidelines scoresheet. See State v. Whitfield, 487 So.2d 1045 (Fla.1986). The defendant need not be present.
Conviction affirmed. Remanded to the trial court for correction of judgment and sentencing guidelines scoresheet.
HALL, A.C.J., and PARKER and ALTENBERND, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7576759. Public record. Not legal advice.