JUAN JOSE SAPEG
v.
STATE OF FLORIDA
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Any error in a sentencing scoresheet is harmless under rule 3.800(a) if the trial court could have imposed the same sentence using a correct scoresheet.
[1] An error in a sentencing scoresheet is harmless under Florida Rule of Criminal Procedure 3.800(a) if the trial court could have imposed the same sentence using a correct…
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Join FLexlaw to unlock all legal intelligence“any error in the scoresheet is harmless if the trial court could have imposed the same sentence using a correct scoresheet”
Court's application of Brooks v. State standard for evaluating scoresheet errors in 3.800(a) motions
Juan Jose Sapeg appealed the postconviction court's denial of his motion to correct an illegal sentence. The scoresheet contained errors regarding the…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JUAN JOSE SAPEG,
Appellant,
v. Case No. 5D20-898
STATE OF FLORIDA,
Appellee. ________________________________/
Opinion filed May 22, 2020
3.800 Appeal from the Circuit Court for Orange County, Denise Kim Beamer, Judge
Juan Jose Sapeg, Sanford, pro se.
No Appearance for Appellee.
PER CURIAM.
We affirm, without further discussion, the postconviction court’s denial of Appellant’s Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. See Brooks v. State, 969 So. 2d 238, 243 (Fla. 2007) (holding that for motions filed under rule 3.800(a), any error in the scoresheet is harmless if the trial court could have imposed the same sentence using a correct scoresheet). We remand, however, for the court to enter a corrected scoresheet to show that Appellant’s conviction on count one was for a level eight offense and that his conviction on count nine was for a level four offense. AFFIRMED; REMANDED with directions. LAMBERT, GROSSHANS, and SASSO, JJ., concur.