LINES VAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SHAHOOD, J.
Appellant, Lines Val, appeals his sentence, alleging that he was sentenced pursuant to an erroneously prepared scoresheet. Appellee concedes, and we agree, that under White v. State, 714 So. 2d 440 (Fla.1998), it was error to include an additional 18 points for use of a firearm because a three-year mandatory minimum was already required for the attempted murder with a firearm count.
Appellee urges, however, that the error is harmless since the sentence imposed falls within the recommended range. Thus, there is no need to remand for re-sentencing. As we concluded in Smith v. State, 685 So. 2d 979 (Fla. 4th DCA 1997), although the sentence imposed in this case falls within the permitted range of a properly prepared scoresheet, we cannot conclude with certainty that appellant’s sentence would have been the same if the trial court had used a properly prepared score-sheet. See also Shabazz v. State, 674 So. 2d 920 (Fla. 4th DCA 1996).
Accordingly, we remand for resentencing based on a properly prepared score-sheet.
POLEN, J., and GLICKSTEIN, HUGH S., Senior Judge, concur.
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Brooks v. State, 969 So. 2d 238 (Fla. 2007)…in error, and if so, whether any evidence in the record conclusively demonstrates that the trial court would have imposed the same forty-five month sentence even under a correct scoresheet”), review denied, 915 So. 2d 1197 (Fla.2005); Val v. State, 741 So. 2d 1199, 1200 (Fla. 4th DCA 1999) (reversing on direct appeal for resentenc-ing because the district court could not “conclude with certainty that appellant’s sentence would have been the same if the trial court had used a properly prepared scoresheet”). R…
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State v. Anderson, 905 So. 2d 111 (Fla. 2005)…t the trial court would have imposed the same sentence despite the erroneous scoresheet, remand for resentencing is required. Most courts use the would-have-been-imposed harmless error test on direct appeal from a sentence. See, e.g., Val v. State, 741 So. 2d 1199, 1200 (Fla. 4th DCA 1999) (reversing for resentencing because the court could not “conclude with certainty that appellant’s sentence would have been the same if the trial court had used a properly prepared scoresheet”); Williams v. State, 720 So. 2d…
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Espiet v. State, 797 So. 2d 598 (Fla. 5th DCA 2001)…775.087(2), Fla. Stat. (2000). We conclude, therefore, that it was error to add points for the use of a firearm on the sentencing scoresheet when the three-year mandatory minimum was imposed. White v. State, 714 So. 2d 440 (Fla.1998); Val v. State, 741 So. 2d 1199 (Fla. 4th DCA 1999); Lane v. State, 722 So. 2d 288 (Fla. 5th DCA 1998).3 Since no other offense for which Espiet was found guilty involved the use of a firearm, the inclusion of the [*604] eighteen points cannot be justified by the other offenses. A…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- White v. State, 714 So. 2d 440 (Fla. 1998)
- Abdullah Shabazz v. State, 674 So. 2d 920 (Fla. 4th DCA 1996)
- Helene Smith v. State, 685 So. 2d 979 (Fla. 4th DCA 1997)
- Tsutras v. Duhe, 685 So. 2d 979 (Fla. 5th DCA 1997)