DAVID S. LEIDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-09-30
No. 92-03082
HALL, A.C.J., and THREADGILL and BLUE, JJ., concur.
605 So. 2d 177 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

David Leider appeals the summary denial of his motion to correct sentence. We affirm.

Leider was convicted of solicitation to commit first degree murder. He was sentenced under guidelines “category one,” a relatively harsh offense category reserved for homicides. We agree with the holdings in Roth v. State, 601 So. 2d 613 (Fla. 3d DCA June 23, 1992), Orr v. State, 597 So. 2d 833 (Fla. 5th DCA 1992), and Hayles v. State, 596 So. 2d 1236 (Fla. 1st DCA 1992), and therefore hold that Leider’s scoresheet was correctly prepared. In so doing we certify conflict with Tarawneh v. State, 588 So. 2d 1006 (Fla. 4th DCA 1991).

Affirmed.

HALL, A.C.J., and THREADGILL and BLUE, JJ., concur.


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    …PER CURIAM. We affirm the judgment of conviction but remand to the trial court for correction of a clerical error therein. See Surratt v. State, 605 So. 2d 177 (Fla. 5th DCA 1992). The references to Florida Statute section 743.03(l)(a) should be corrected to read section 784.03(l)(a). COBB, W. SHARP and HARRIS, JJ., concur.…
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    …be corrected to show Smith is to serve his minimum mandatory three year sentence pursuant to section 893.13(1)(e)(1) rather than section 893.135(1)(b), as it presently states. See Green v. State, 619 So. 2d 36 (Fla. 5th DCA 1993); Surratt v. State, 605 So. 2d 177 (Fla. 5th DCA 1992); Griffin v. State, 565 So. 2d 918 (Fla. 5th DCA 1990); Heath v. State, 548 So. 2d 1183 (Fla. 5th DCA 1989); Davis v. State, 529 So. 2d 1251 (Fla. 5th DCA 1988). We remand for correction of this clerical error. Otherwise, the co…

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