Public-domain · open source
OpenJurist

735 So. 2d 556

Docket No. 98-00141.

Butler v. State

Carnell E. BUTLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1999-06-04

Cited by 5 later decisions — most recently June 2014

5 state decisions

Relies on Francois v. State · Nantz v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-06-04

View the full empirical analysis of this case →

¶1James Marion Moorman, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.

¶3BLUE, Judge.

¶4Carnell E. Butler appeals his sentence for fraudulent use of a credit card and claims scoresheet error. Based on a mathematical error in the scoresheet, we reverse his sentence.

¶5Butler entered a negotiated plea for a sentence at the bottom of the guidelines range. Butler claims that the bottom range should have been only twenty-two months, rather than the twenty-seven months that he received. Our review of the scoresheet reveals a mathematical error in the sentence computation. When the state prison months were multiplied by seventy-five percent, the minimum prison term should have been 21.15 months instead of the 27.25 months reflected on the scoresheet. Accordingly, we reverse and remand for sentencing with a corrected scoresheet. See Nantz v. State,687 So.2d 845 (Fla. 2d DCA 1996) (reversing and remanding for resentencing when trial court relied on scoresheet with mathematical errors), review denied,695 So.2d 700 (Fla.1997).

¶6Reversed and remanded.

¶7PATTERSON, A.C.J., and GREEN, J., Concur.

/735/so2d/556 · .json · Public domain