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Walker v. State

District Court of Appeal of Florida, Second District
Feb 13, 2002
807 So. 2d 177 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 2D01-5094

Opinion filed February 13, 2002.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Sarasota County; Lee E. Haworth, Judge.


Jerome S. Walker challenges the order of the trial court denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) to correct an error on the face of the sentencing guidelines scoresheet. We reverse and remand for further proceedings.

Walker alleged, and the State conceded, that there was a mathematical error in the addition of the points scored in the prior record category of the scoresheet. The trial court denied the motion, finding that Walker's sentence was within the sentencing range of the corrected scoresheet. However, "[b]ecause the attachments to the order denying relief do not conclusively demonstrate that [Walker] would have received the same sentence with a correct scoresheet, he is entitled to be resentenced with an accurate scoresheet." Collins v. State, 788 So.2d 1109, 1109 (Fla. 2d DCA 2001).

Reversed and remanded.

SALCINES, J., and DANAHY, PAUL W., SENIOR JUDGE, Concur.


Summaries of

Walker v. State

District Court of Appeal of Florida, Second District
Feb 13, 2002
807 So. 2d 177 (Fla. Dist. Ct. App. 2002)
Case details for

Walker v. State

Case Details

Full title:JEROME S. WALKER, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Feb 13, 2002

Citations

807 So. 2d 177 (Fla. Dist. Ct. App. 2002)

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