CURTIS JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1989-10-05
No. 89-702
DAUKSCH and COBB, JJ„ concur.
549 So. 2d 799 Florida District Court of Appeal, Fifth District (1989) Positive Treatment
Cited by 6 cases

Opinion of the Court
DANIEL, Chief Judge.

DANIEL, Chief Judge.

Appellant, Curtis Johnson, appeals his conviction and sentence for unlawful sale or delivery of a controlled substance.

We find Johnson’s appeal without merit, but remand to the trial court for the entry of a corrected judgment. Johnson was charged in count I of the information with unlawful sale or delivery of a controlled substance, section 893.13(l)(a)(l), which is a second degree felony. However, the written judgment stated that he was convicted of section “893.13(l)(a)(l), F-3.” The judgment should have read “893.13(l)(a)(l), F-2.” Accordingly, the judgment and sentence is affirmed but the case is remanded for correction of the scrivener’s error in the written judgment.

AFFIRMED and REMANDED for entry of a corrected judgment.

DAUKSCH and COBB, JJ„ concur.


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    …defendant has not been convicted is clearly prohibited.”). Policy considerations that mandate conviction prior to departure at an original sentencing are equally applicable to sentencing following probation violation. See also Washington v. State, 549 So. 2d 799 (Fla. 5th DCA 1989) in which this court stated that a guidelines departure for probation violations that exceeds the one-cell bump-up contravened Florida Rule of Criminal Procedure 3.701(d)(14) and was therefore proscribed. A one-cell upward increas…
  • Quarles v. State, 556 So. 2d 476 (Fla. 5th DCA 1990)
    …rrently calculated score sheet as required by Fla.R.Crim.P. 3.701(d)(1).2 REMANDED FOR RESENTENCING. COWART and HARRIS, JJ., concur. . The Lambert case was issued June 15, 1989, by the Florida Supreme Court. . See also e.g., Washington v. State, 549 So. 2d 799 (Fla. 5th DCA 1989).…
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    …nces presented here, a sentence imposed upon the revocation of probation may not exceed the one-level step-up in the guidelines provided when such a violation is involved. See Colvin v. State, 549 So. 2d 1137 (Fla. 3d DCA 1989); Washington v. State, 549 So. 2d 799 (Fla. 5th DCA 1989); Scott v. State, 550 So. 2d 111 (Fla. 4th DCA 1989). Accordingly, the cause is remanded for the imposition of a sentence within the guidelines as so calculated.…

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