SHELDON K. TAYLOR, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Tundidor v. State, 221 So. 3d 587 (Fla. 2017)
  …harmless because [the defendant] was sentenced to the lowest permissible sentence under the incorrectly calculated scoresheet and nothing in the record conclusively shows the sentence would have been the same under an accurate one.”); Budd v. State, 939 So. 2d 1158, 1159 (Fla. 2d DCA 2006) (“Because the record , does not conclusively show that the same sentence would have been imposed, particularly where the lowest permissible prison sentence was previously imposed, we reverse and remand for the postconviction…
• Shorter v. State, 14 So. 3d 1063 (Fla. 2d DCA 2009)
  …ed.” Id. at 116. Based on our record, including the transcript of the sentencing hearing, we cannot say conclusively what the trial court would have done had the forty victim injury points not been included on the scoresheet. See id.; Budd v. State, 939 So. 2d 1158, 1159 (Fla. 2d DCA 2006). Thus, we reverse Shorter’s sentence and remand for resentencing based on a corrected score-sheet that does not include the forty victim injury points. Sentence reversed and remanded. DAVIS and WALLACE, JJ„ Concur.…

Authorities Cited

• Gilbert v. State, 805 So. 2d 70 (Fla. 2d DCA 2002)
• Kendal Colosimo v. State, 775 So. 2d 352 (Fla. 2d DCA 2000)
• Forszpaniak v. Forszpaniak, 775 So. 2d 352 (Fla. 2d DCA 2000)