MICHAEL R. MOORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL R. MOORE, APPELLANT,
STATE OF FLORIDA, APPELLEE
570 So. 2d 1148
Florida District Court of Appeal, First District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Because Moore has already served the incarcerative portion of his probationary split sentence, we affirm, but note that the sentencing guidelines scoresheet utilized incorrectly included 18 additional points in the “Prior Record” portion for felonies which were committed after Moore was convicted. Torres v. State, 544 So. 2d 1100 (Fla. 2d DCA 1989). Any error is moot, however, as Moore has already been released from incarceration and the trial court’s error resulted in Moore serving a lesser amount of time on probation than would have been possible under a corrected scoresheet.
AFFIRMED.
ERVIN, BOOTH and BARFIELD, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Goodman v. State, 578 So. 2d 11 (Fla. 1st DCA 1991)…e United States Constitution; and (2) appellant should not have been classified as an habitual felony offender because the two prior convictions had been entered at the same time. As to the first issue, we affirm on the authority of Bouie v. State, 570 So. 2d 1148 (Fla. 1st DCA 1990), and Atkinson v. State, 570 So. 2d 1147 (Fla. 1st DCA 1990), citing to Smith v. State, 567 So. 2d 55 (Fla. 2d DCA 1990); Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990); Roberts v. State, 559 So. 2d 289 (Fla. 2d DCA 1990), dism…
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Bryant Kilo v. State, 578 So. 2d 833 (Fla. 1st DCA 1991)…ssed in Ree have no applicability to appellant’s sentence. Appellant also attacks Section 775.-084(l)(a) on various constitutional grounds including due process, equal protection, and separation of powers. We affirm on authority of Bouie v. State, 570 So. 2d 1148 (Fla. 1st DCA 1990), and Atkinson v. State, 570 So. 2d 1147 (Fla. 1st DCA 1990), citing to Smith v. State, 567 So. 2d 55 (Fla. 2d DCA 1990); Arnold v. State, 566 So. 2d 37 (Fla. 2d DCÁ 1990); Roberts v. State, 559 So. 2d 289 (Fla. 2d DCA 1990), dism…
Authorities Cited
- Torres v. State, 544 So. 2d 1100 (Fla. 2d DCA 1989)