SANDRA KUNSMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm appellant’s convictions and sentences for violation of community control in the two underlying circuit court cases. We note that the scoresheet in underlying case number 98-3603 improperly lists the theft offense from the other underlying case, number 99-1874, as an additional offense, when the latter case has its own separate scoresheet. However, this error cannot be resolved in this appeal, due to the lack of a contemporaneous objection and the lack of a motion to correct sentence under rule 3.800(b). Fla. R.Crim. P. See Drayton v. State, 791 So. 2d 522 (Fla. 4th DCA 2001). This affirmance therefore is without prejudice to appellant filing, in circuit court case number 98-3603, a motion to correct sentence under rule 3.800(a) challenging the scoresheet based its inclusion of the theft offense as an additional offense.
GUNTHER, STONE and KLEIN, JJ„ concur.
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Citator
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Murray v. Rosati, 929 So. 2d 1090 (Fla. 4th DCA 2006)…nd withheld exculpatory information and evidence. Appellants filed answers and moved for summary judgment claiming absolute and qualified immunity. The trial [*1092] court denied the motion, and appellants appealed to this court. In Wiley v. Rosati, 804 So. 2d 410 (Fla. 4th DCA 2001), this court per curiam affirmed the denial of the motion without opinion. The case then went to trial twice, with both trials ending in mistrials. After the second mistrial, appellants moved for judgment in accordance with their…
Authorities Cited
- Drayton v. State, 791 So. 2d 522 (Fla. 4th DCA 2001)