Summary
In Cooper v. State, 772 So.2d 608 (Fla. 5th DCA 2000), this court held that when a trial court denies a Heggs claim on the ground that the sentence imposed could have been imposed under the 1994 guidelines, the trial court must attach the recomputed scoresheet to confirm its ruling.
Summary of this case from Barfield v. StateOpinion
No. 5D00-528.
Opinion filed December 8, 2000.
Appeal from the Circuit Court for Brevard County, Warren Burk, Judge.
Affirmed; Remanded to correct clerical error.
James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender,Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.
We affirm defendant's judgment and sentence, but remand this case to the trial court for correction of a clerical error. The written sentence incorrectly imposes a term of probation for both counts one and two and must be corrected to reflect the trial court's oral pronouncement imposing a term of probation for count one only.
GRIFFIN and PALMER, JJ., Concur.