BERLIN ERIC STOUTE, III
v.
STATE OF FLORIDA
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The sentencing scoresheet must be corrected by removing 4.2 points in accordance with the trial court's ruling on appellant's motion to correct sentencing error.
[1] When the State concedes error in the calculation of a sentencing scoresheet, the appellate court may remand for correction of the scoresheet without further proceedings.
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Join FLexlaw to unlock all legal intelligenceBerlin Eric Stoute, III appealed his sentence from Orange County Circuit Court. The State conceded error regarding the calculation of Stoute's sentenc…
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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
BERLIN ERIC STOUTE, III,
Appellant,
v. Case No. 5D19-2935
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed November 13, 2020
Appeal from the Circuit Court for Orange County, Jenifer M. Harris, Judge.
James S. Purdy, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We accept the State’s concession of error in this case and remand solely for correction of Appellant’s scoresheet. On remand, in accordance with the court’s ruling on appellant’s motion to correct sentencing error, 4.2 points shall be removed from the scoresheet. See Perez v. State, 840 So. 2d 1179, 1180 (Fla. 5th DCA 2003).
COHEN, EDWARDS, and HARRIS, JJ., concur.