JONES
v.
STATE OF FLORIDA

Fla. 2d DCA | 2024-10-02
No. 2D2023-0522
2024 FL 11696 Florida District Court of Appeal, Second District (2024)

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Holding

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.


Headnotes

[1] Sentencing scoresheet errors that would normally require resentencing are harmless when the appellate record conclusively demonstrates the trial court would have imposed…

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Key Quotes

“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.

Facts & Procedural History

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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Opinion of the Court

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.


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