JONES
v.
STATE OF FLORIDA
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When vacation of a conviction would change a defendant's scoresheet, the defendant is entitled to resentencing using a corrected scoresheet unless the error is harmless because the record conclusively shows the trial court would have imposed the same sentence.
[1] Sentencing scoresheet errors that would normally require resentencing are harmless when the appellate record conclusively demonstrates the trial court would have imposed…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In general, when the vacation of a conviction would result in changes to the defendant's scoresheet, the defendant is entitled to be resentenced using a corrected scoresheet. However, the error is harmless if the record conclusively shows that the trial court would have imposed the same sentence using a corrected scoresheet.”
The court's statement of the governing legal standard for scoresheet errors from Tundidor v. State.
Steven Michael Jones appealed his conviction in Pinellas County. The appeal involved a question of whether sentencing scoresheet errors requiring rese…
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Affirmed. See Tundidor v. State, 221 So. 3d 587, 605 (Fla. 2017)
(" 'In general, when the vacation of a conviction would result in changes
to the defendant's scoresheet, the defendant is entitled to be resentenced
using a corrected scoresheet.' However, the error is harmless if the
record conclusively shows that the trial court would have imposed the
same sentence using a corrected scoresheet." (first quoting Fernandez v.
2
State, 199 So. 3d 500, 502 (Fla. 2d DCA 2016); and then citing State v.
Anderson, 905 So. 2d 111, 118 (Fla. 2005))).
KELLY, LaROSE, and LABRIT, JJ., Concur. Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Anderson, 905 So. 2d 111 (Fla. 2005)
- Fernandez v. State, 199 So. 3d 500 (Fla. 2d DCA 2016)
- Tundidor v. State, 221 So. 3d 587 (Fla. 2017)