O'BRIAN OAKLEY
v.
STATE OF FLORIDA
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On remand following a prior appellate decision vacating vehicular homicide convictions, the trial court failed to correct the sentencing scoresheet by removing victim injury points attributable to the vacated offenses. Appellant argues the trial court erred in not resentencing him with a corrected scoresheet on the remaining aggravated fleeing and eluding charge. The court affirms the sentence but remands for correction of the scoresheet.
The court affirms Appellant's sentence because the record shows the trial court would have imposed the same sentence regardless of the scoresheet error, as it imposed the statutory maximum without relying on the scoresheet. However, the court remands for entry of a corrected scoresheet with the victim injury points removed.
[1] When a trial court imposes a sentence at the statutory maximum without relying on a sentencing scoresheet, the defendant is not entitled to resentencing upon correction o…
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Join FLexlaw to unlock all legal intelligence“a defendant is not entitled to resentencing with a corrected scoresheet when 'the record conclusively shows that the trial court would have imposed the same sentence using a correct scoresheet'”
Court explaining when scoresheet errors do not require resentencing
Following this Court's prior decision in Oakley v. State, the trial court vacated two counts of vehicular homicide/failure to render aid but retained …
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DAMOORGIAN, J.
This appeal arises out of proceedings on remand following this Court’s decision in Oakley v. State, 237 So. 3d 396 (Fla. 4th DCA 2018). Appellant, O’Brian Oakley, argues that on remand the trial court erred in failing to resentence him on the charge of aggravated fleeing and eluding using a correctly scored and calculated scoresheet. We affirm in all aspects without further comment. We write only to address the scoresheet error. Following this Court’s instruction in Oakley, the trial court vacated the two counts of vehicular homicide/failure to render aid but left the victim injury points attributable to those offenses on Appellant’s new scoresheet. All other non-capital counts and sentences remained in effect. As the trial court did not rely on the scoresheet when it originally sentenced Appellant but instead imposed the statutory maximum, Appellant was not resentenced on the remaining non-capital counts using a new scoresheet. See Zelaya v. State, 257 So. 3d 493, 497 (Fla. 4th DCA 2018) (holding that a defendant is not entitled to resentencing with a corrected scoresheet when “the record conclusively shows that the trial court would have imposed the same sentence using a correct scoresheet” (quoting Brooks v. State, 969 So. 2d 238, 241 (Fla. 2007))); see also Moreno v. State, 266 So. 3d 1246, 1247 (Fla. 4th DCA 2019) (same). For much of the same reason, the trial court’s failure to enter a correctly calculated scoresheet on remand is harmless. See Zelaya, 257 So. 3d at 497. Recognizing there is a scoresheet error, Appellant is entitled to have that error corrected and the victim injury points removed from the scoresheet. Accordingly, we affirm Appellant’s sentence, but remand for the entry of a corrected scoresheet.
Affirmed and remanded. CIKLIN and GERBER, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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Moreno v. State, 266 So. 3d 1246 (Fla. 4th DCA 2019)…ts on his scoresheet. “A defendant who illustrates an erroneous imposition of points on his scoresheet is entitled to have the errors corrected. However, that defendant is not entitled to resentencing if the errors were harmless.” Zelaya v. State, 257 So. 3d 493, 497 (Fla. 4th DCA 2018) (internal citation omitted). “A scoresheet error ‘is harmless if the record conclusively shows that the trial court would have imposed the same sentence using a correct scoresheet.’” Id. (quoting Brooks v. State, 969 So. 2…
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Mitchell v. State, 274 So. 3d 1136 (Fla. 5th DCA 2019)
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Zelaya v. State (Fla. 4th DCA 2021)…tence for aggravated battery with a deadly weapon and directed the court to enter a judgment for the lesser included offense of battery, resentence Zelaya on that count only, and enter a corrected scoresheet. We otherwise affirmed. Zelaya v. State, 257 So. 3d 493 (Fla. 4th DCA 2018). In these petitions, Zelaya argues that appellate counsel in each case was ineffective for failing to argue that the trial court erred in failing to make an independent determination of his competency and enter a written order f…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brooks v. State, 969 So. 2d 238 (Fla. 2007)
- Zelaya v. State, 257 So. 3d 493 (Fla. 4th DCA 2018)
- Obrian Oakley v. State, 237 So. 3d 396 (Fla. 4th DCA 2018)