JIMMY LEE WARD
v.
STATE OF FLORIDA
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A sentencing scoresheet error is not harmless when the record does not conclusively show the trial court would have imposed the same sentence using a correct scoresheet, regardless of whether the error is a simple mathematical mistake.
[1] A mathematical error on a sentencing scoresheet that increases the guideline range is not harmless error when the trial court's statement regarding its sentencing approac…
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Join FLexlaw to unlock all legal intelligence“When scoresheet error is presented . . . any error is harmless if the record conclusively shows that the trial court would have imposed the same sentence using a correct scoresheet.”
The court cited Brooks v. State in explaining the harmless error standard for sentencing scoresheet mistakes.
Appellant Jimmy Lee Ward's sentencing scoresheet contained a simple addition error that incorrectly calculated his lowest permissible sentence as 99.4…
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PER CURIAM. A simple addition error on appellant’s sentencing scoresheet led the state, defendant, and the trial judge to believe that appellant’s lowest permissible sentence was 99.45 months instead of 57.45 months. The scoresheet error is not harmless because the record does not conclusively show that the judge would have sentenced the defendant to the same 99.45 month prison term, having stated that he was not inclined to “go against” the scoresheet. See Brooks v. State, 969 So. 2d 238, 241 (Fla. 2007) (“When scoresheet error is presented . . . any error is harmless if the record conclusively shows that the trial court would have imposed the same sentence using a correct scoresheet.”) (emphasis in original). We therefore reverse and remand to the circuit court for resentencing. GERBER, C.J., GROSS and CONNER, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.