GERALD HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1993-12-22
No. 92-0920
ANSTEAD, STONE and POLEN, JJ., concur.
627 So. 2d 1341 Florida District Court of Appeal, Fourth District (1993) Positive Treatment
Cited by 1 case

Opinion of the Court
PER curiam:.

PER curiam:.

Affirmed. With respect to the sentencing issue, we recognize that Appellant was, initially, improperly sentenced because the trial judge used separate scoresheets for this case and a separate case pending at the same time. However, both sentences were addressed by this court in Harris v. State, 619 So. 2d 1043 (Fla. 4th DCA 1993) in which the trial court was directed on remand to sentence Appellant using a single scoresheet. Therefore, the issue is moot.

ANSTEAD, STONE and POLEN, JJ., concur.


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  • Harris v. State, 653 So. 2d 402 (Fla. 4th DCA 1995)
    …to use the same seoresheet for both cases. Id. at 1044. At the time this court was reviewing the sentencing issues in Harris II, appellant appealed the convictions for sexual battery, battery, and burglary in ease number 89-312. In Harris v. State, 627 So. 2d 1341 (Fla. 4th DCA 1993), (Harris III), this court affirmed appellant’s convictions on all three charges in case number 89-312. This court also noted that appellant was initially, improperly sentenced in case numbers 89-312 and 88-16248 because two separ…

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