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Lathrop v. State

District Court of Appeal of Florida, Fifth District
Mar 10, 1988
521 So. 2d 358 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-682.

March 10, 1988.

Appeal from the Circuit Court, Putnam County, E.L. Eastmoore, J.

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.


This is an appeal from a sentence. Appellant was before the court for sentencing after he violated terms of his community control sentence. Although presented with a properly calculated sentencing guideline scoresheet the sentencing judge declined to use it; instead, he used a previously prepared, and used scoresheet. That previously used scoresheet was erroneous, as implicitly acknowledged by the sentencing judge. The judge felt he was obliged to follow the erroneous scoresheet because appellant did not raise the issue at the first sentencing or on appeal. We disagree. Rule 3.800(a) allows the court at any time to correct a miscalculated scoresheet. See State v. Whitfield, 487 So.2d 1045 (Fla. 1986).

The sentence is vacated and this cause remanded for a proper sentence.

SENTENCE VACATED; REMANDED.

SHARP, C.J., and COBB, J., concur.


Summaries of

Lathrop v. State

District Court of Appeal of Florida, Fifth District
Mar 10, 1988
521 So. 2d 358 (Fla. Dist. Ct. App. 1988)
Case details for

Lathrop v. State

Case Details

Full title:RICKY LATHROP, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 10, 1988

Citations

521 So. 2d 358 (Fla. Dist. Ct. App. 1988)

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