JIMMIE JACKSON SIMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm appellant’s convictions for possession of marijuana in excess of twenty grams, and possession of drug paraphernalia. There was competent, substantial evidence to support the trial court’s denial of appellant’s motion to suppress.
We remand for correction of Simpson’s guideline scoresheet, to show the possession of marijuana was a level one offense, rather than a level three offense, and to adjust the guideline points accordingly. We affirm appellant’s sentence, however, as it was pursuant to a plea agreement upon the trial court’s denial of his suppression motion. Accordingly, the difference in points would not have affected the sentence. See Burrows v. State, 649 So. 2d 902 (Fla. 1st DCA 1995).
GUNTHER, C.J., and POLEN and FARMER, JJ., concur.
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Holdstein v. Holdstein, 884 So. 2d 87 (Fla. 2d DCA 2004)…for clarification of the Former Husband’s financial need. See Duffy v. Duffy, 721 So. 2d 391 (Fla. 5th DCA 1998) (reversing and remanding on the sole ground that the factual findings in the final judgment were inconsistent); Donsky-Levine v. Levine, 688 So. 2d 467 (Fla. 4th DCA 1997). We also note that although the Former Wife demonstrated no ability to pay at this time, that showing does not preclude the trial court from awarding nominal alimony if the Former Husband’s need is established on remand. See Bla…
Authorities Cited
- Burrows v. State, 649 So. 2d 902 (Fla. 1st DCA 1995)