PATRICK CARTER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PER CURIAM.
We have for review Carter v. State, 571 So. 2d 520 (Fla. 4th DCA 1990), which is in direct conflict with Lewis v. State, 574 So. 2d 245 (Fla. 2d DCA 1991), and Scott v. State, 574 So. 2d 247 (Fla. 2d DCA 1991). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.
In Carter, the Fourth District Court of Appeal approved the assessment of legal constraint points for each offense committed while under legal constraint. We recently held in Flowers v. State, 586 So. 2d 1058 (Fla.1991), that legal constraint points are to be assessed once in calculating sentencing scoresheets for offenses committed while on legal constraint. Accordingly, we quash the decision below and remand for reconsideration consistent with our opinion in Flowers.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.
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State v. Anderson, 905 So. 2d 111 (Fla. 2005)…ntences been affirmed under the harmless error doctrine despite the erroneous score. Sellers v. State, 578 So. 2d 339, 341 (Fla. 1st DCA) (citations omitted) (quoting Higgs v. State, 470 So. 2d 75, 76 (Fla. 3d DCA 1985)), approved on other grounds, 586 So. 2d 340 (Fla.1991); see, e.g., Mooney v. State, 864 So. 2d 60, 62 (Fla. 4th DCA 2003) (affirming as harmless the denial of a claim of scoresheet calculation error because the record demonstrated that the departure sentence would have been im [*115] posed de…
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Harrelson v. State, 616 So. 2d 128 (Fla. 2d DCA 1993)…d the sentence into the farthest reach of the permitted range had it considered an accurate scoresheet.” Najar v. State, 614 So. 2d 644 (Fla. 2d DCA 1993). See also, Boland; Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA), approved on other grounds, 586 So. 2d 340 (Fla.1991). Our holding is without prejudice to the trial court to make and substantiate such a finding. Cf. Sanchez v. State, 600 So. 2d 1256 (Fla. 2d DCA1992) (trial court may impose departure sentence after correction of Karchesky error, if suppo…
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Eady v. State, 604 So. 2d 559 (Fla. 1st DCA 1992)…ife designation. Nevertheless, the scoresheet error in this case was harmless, because deletion of the excess points places appellant in the same guidelines recommended sentencing range. See Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA), approved, 586 So. 2d 340 (Fla.1991). Next, we address appellant’s claims that his counsel provided ineffective assistance, thereby rendering appellant’s guilty plea involuntary. As a general rule, claims of coercion or ineffective assistance of [*561] counsel are refuted b…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Flowers v. State, 586 So. 2d 1058 (Fla. 1991)
- Lewis v. State, 574 So. 2d 245 (Fla. 2d DCA 1991)
- Scott v. State, 574 So. 2d 247 (Fla. 2d DCA 1991)
- Fla. Perfections, Inc. v. J & D Fin. Corp., 571 So. 2d 520 (Fla. 3d DCA 1990)
- Carter v. State, 571 So. 2d 520 (Fla. 4th DCA 1990)