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521 So. 2d 358

521 So.2d 358

13 Fla.L.Weekly 637

Lathrop v. State

District Court of Appeal of Florida · decided 1988-03-10

Cited by 1 later decisions — most recently April 1990

1 state decisions

Relies on 487 So. 2d 1045 - State v. Whitfield

Good law ✅— No negative treatment on recordhow we know

Decided 1988-03-10

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DAUKSCH, Judge.

¶1This 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).

¶2The sentence is vacated and this cause remanded for a proper sentence..

¶3SENTENCE VACATED; REMANDED.

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