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687 So. 2d 360

Jenkins v. State

District Court of Appeal of Florida

Decided February 12, 1997

District Court of Appeal of Florida · decided 1997-02-12

Cited by 1 later decisions — most recently June 2005

1 state decisions

Key passage — most relied on by later courts

“we are unable to conclude that appellant's sentence would have been the same had the trial court utilized a correctly calculated scoresheet”

quoted by 1 later decision, including 905 So. 2d 111 - State v. Anderson

Relies on Shabazz v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-02-12

View the full empirical analysis of this case →

PER CURIAM.

¶1We affirm appellant s conviction but reverse appellant’s sentence. The state concedes that a mathematical error was made in the scoresheet calculation. Using the correct total sentencing points would result in a recommended state prison sentence of 37 months, rather than the 40 months which was imposed.

¶2The state urges, however, that the error is harmless, because the sentence falls within the variation permitted by Florida Rule of Criminal Procedure 3.703(d)(25). See also *361§ 921.0014, 921.0016, Fla. Stat. (1995). As we stated in Shabazz v. State, 674 So.2d 920 (Fla. 4th DCA 1996), we are unable to conclude that appellant’s sentence would have been the same had the trial court .utilized a correctly calculated scoresheet. This case involves the new procedure for calculating sentences where an exact amount of state prison months is calculated. Then a range is calculated from that figure. In the instant case, the court sentenced appellant to the recommended state prison months and did not increase his sentence within the range allowed. The court may well do the same on remand under the corrected scoresheet.

¶3Affirmed as to conviction; reversed as to sentence and remanded for further proceedings.

GLICKSTEIN, WARNER and STEVENSON, JJ., concur.
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