Opinion

Brown v. State

  • 715 So. 2d 1142
  • 1998 Fla. App. LEXIS 10478
  • 1998 WL 518538
Court
District Court of Appeal of Florida
Filed
Aug 21, 1998
Status
Published
Author
Griffin
On the bench
Antoon, Dauksch, Griffin
Cited by
0 cases

The opinion

GRIFFIN, Chief Judge.

The defendant was convicted of three offenses in 1990: burglary of a dwelling, grand theft and dealing in stolen property. He had a substantial prior felony record. Defendant was given a guidelines sentence on counts I and II and a habitual offender sentence on count III. The scoresheet erroneously scored the count III offense as the primary offense at conviction. The defendant filed a Rule 3.800 motion to correct the scoring error and was granted relief. The scoresheet was recalculated and he was resentenced on counts I and II. The defendant contends that he was also entitled to be resentenced on count III because the erroneous scoresheet used for counts I and II may somehow have affected the sentencing decision on count III. We find this argument to be completely without merit and affirm.

AFFIRMED.

DAUKSCH and ANTOON, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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