BENNITH PAUL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
BENNITH PAUL, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
735 So. 2d 572
Florida District Court of Appeal, Third District (1999)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
As the state correctly asserts, because the trial judge was aware of the recommended sentencing guidelines and the sentences imposed for the appellant’s non-capital offenses did not exceed the recommended guidelines, the court’s failure to use a scoresheet did not constitute reversible error. See Stokes v. State, 476 So. 2d 313, 313 (Fla. 1st DCA 1985). The court’s failure to use a scoresheet in this case was harmless — at best. See Hamilton v. State, 537 So. 2d 194, 194 (Fla. 2d DCA 1989); Williams v. State, 529 So. 2d 366, 367 (Fla. 2d DCA 1988). We therefore affirm the order denying the appellant’s motion made pursuant to rule 3.800, Florida Rules of Criminal Procedure.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stukel v. State, 251 So. 3d 193 (Fla. 4th DCA 2018)…t conform to the statutory sentence of life in prison with a 25-year mandatory minimum). On remand, if appellant refiles the rule 3.800(a) motion, he is also entitled to be heard on his claim of failure to consider a scoresheet. See Paul v. State, 735 So. 2d 572 (Fla. 3d DCA 1999). Affirmed without prejudice to appellant’s filing of an amended rule 3.800(a) motion. GERBER, C.J., GROSS and FORST, JJ., concur.…
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Renzulli v. State, 995 So. 2d 1111 (Fla. 5th DCA 2008)…PER CURIAM. AFFIRMED. See Paul v. State, 735 So. 2d 572 (Fla. 3d DCA 1999). PALMER, C.J., MONACO and COHEN, JJ., concur.…
Authorities Cited
- Madelyn D. Williams v. State, 529 So. 2d 366 (Fla. 2d DCA 1988)
- Stokes v. State, 476 So. 2d 313 (Fla. 1st DCA 1985)
- Hamilton v. State, 537 So. 2d 194 (Fla. 2d DCA 1989)