ALTON NAPPER
v.
STATE OF FLORIDA
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Scoresheet error is harmless when the record conclusively shows the trial court would have imposed the same sentence using a correct scoresheet.
[1] Scoresheet error is harmless if the record conclusively demonstrates that the trial court would have imposed the same sentence using a correct scoresheet.
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Join FLexlaw to unlock all legal intelligenceDefendant Alton Napper pleaded to four charges and was sentenced. His sentencing scoresheet contained an error where an additional offense was scored …
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CONNER, J.
Alton Napper (“Defendant”), timely appeals the trial court’s order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(b), alleging an error in his scoresheet. Defendant was sentenced after pleading to four charges. Both Defendant and the State agree that there was an error in Defendant’s scoresheet where one of the additional offenses listed on the scoresheet was scored as 2.4 points, when it should have added only 1.2 points. “Under the ‘would-have-been-imposed’ test, scoresheet error is considered harmless if the record conclusively shows that the trial court would have imposed the same sentence using a correct scoresheet.” Harmon v. State, 284 So. 3d 1080, 1081 (Fla. 4th DCA 2019) (quoting Ray v. State, 987 So. 2d 155, 156 (Fla. 1st DCA 2008)). Our review of the record convinces us that the trial court would have imposed the same sentence if it had been presented with a correct scoresheet. Thus, we affirm the sentence but remand for the sole purpose of directing the trial court to correct the scoresheet. See id. Defendant “need not be present for the ministerial act of correcting the scoresheet on remand.” Id.
2
Affirmed; remanded solely for correction of scoresheet. LEVINE, C.J., and GROSS, J., concur.
* * * Not final until disposition of timely filed motion for rehearing.
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Alton Napper v. State, 284 So. 3d 1080 (Fla. 4th DCA 2021)…have added only 1.2 points. “Under the ‘would-have-been-imposed’ test, scoresheet error is considered harmless if the record conclusively shows that the trial court would have imposed the same sentence using a correct scoresheet.” Harmon v. State, 284 So. 3d 1080, 1081 (Fla. 4th DCA 2019) (quoting Ray v. State, 987 So. 2d 155, 156 (Fla. 1st DCA 2008)). Our review of the record convinces us that the trial court would have imposed the same sentence if it had been presented with a correct scoresheet. Thus, we…
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Jeromee Saffold v. State (Fla. 4th DCA 2021)…IV and V; the trial court should impose sexual contact points for these counts. We also find this error was not harmless, as the record does not show the court would have imposed the same sentence with a corrected scoresheet. See Harmon v. State, 284 So. 3d 1080, 1081 (Fla. 4th DCA 2019) (“Under the ‘would- have-been-imposed’ test, scoresheet error is considered harmless if the record conclusively shows that the trial court would have imposed the same sentence using a correct scoresheet.” (quoting Ray v. St…
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Harden v. State (Fla. 2d DCA 2021)…esheet."). Accordingly, we affirm Mr. Harden's sentence but remand to the trial court for the entry of a properly calculated scoresheet. Mr. Harden need not be present for the purposes of correcting the scoresheet on remand. See Harmon v. State, 284 So. 3d 1080, 1081 (Fla. 4th DCA 2019). Affirmed; remanded with directions. MORRIS, C.J., and SLEET and LUCAS, JJ., Concur. Opinion subject to revision prior to official publication.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- RAY v. State, 987 So. 2d 155 (Fla. 1st DCA 2008)
- Alton Napper v. State, 284 So. 3d 1080 (Fla. 4th DCA 2021)