JOHNNY TARVER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the failure to file a sentencing guidelines scoresheet is harmless error when the court is otherwise informed of the presumptive sentence and the defense voices no objections. However, imposing costs on an indigent appellant without prior notice is an error.
Johnny Tarver was convicted of battery on a school board employee. He appealed his sentence, alleging the trial court erred by not obtaining a sentenc…
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HALL, Judge.
Johnny Tarver appeals from his judgment and sentence for battery on a school board employee. The appellant alleges that the trial court erred by failing to obtain a sentencing guidelines scoresheet pri-or to sentencing and by imposing costs upon him without prior notice or hearing.
Although no guidelines scoresheet was filed, it appears from the transcript of the sentencing hearing that a scoresheet was prepared and reviewed by the appellant. No objections were voiced by the defense and a legal sentence was imposed pursuant to a negotiated plea agreement. Because the trial court was informed of the proper presumptive guidelines sentence, the failure to file the scoresheet itself is harmless error. Davis v. State, 461 So. 2d 1361 (Fla. 2d DCA), review denied, 471 So. 2d 43 (Fla.1985).
We agree, however, and the state concedes, that the trial court erred in imposing $250 in court costs upon the indigent appellant without prior notice. Henriquez v. State, 545 So. 2d 1340 (Fla.1989); Wood v. State, 544 So. 2d 1004 (Fla.1989). Therefore, we strike the costs without prejudice to the state to seek reimposition of the costs after proper notice.
DANAHY, A.C.J., and PATTERSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hayes v. State, 667 So. 2d 454 (Fla. 2d DCA 1996)…during the sentencing, we cannot determine whether the court committed a presumptive sentencing error. See Robinson v. State, 471 So. 2d 671 (Fla. 2d DCA 1985). Although the failure to file a scoresheet was deemed harmless error in Tarver v. State, 553 So. 2d 257 (Fla. 2d DCA 1989), the record here involves sentencing in two cases. It is, therefore, not clear, as it was in Tarver, that the failure to file the scoresheet was harmless error. We, therefore, reverse and remand for re-sentencing in Case Nos. 93…
Authorities Cited
- Wood v. State, 544 So. 2d 1004 (Fla. 1989)
- Davis v. State, 461 So. 2d 1361 (Fla. 2d DCA 1985)
- Henriquez v. State, 545 So. 2d 1340 (Fla. 1989)