Borjas v. State

District Court of Appeal of Florida

Borjas v. State

747 So. 2d 1049, 2000 Fla. App. LEXIS 70, 2000 WL 10455

Procedural entryThis page is a short order in Borjas v. State. Read the opinion of the Court — 790 So. 2d 1114 →

District Court of Appeal of Florida·Decided January 5, 2000·No. No. 99-3152·Published

Opinion

POLEN, J.

Luis Borjas timely appeals after the court summarily denied his motion to correct his sentence. As the state concedes, it is apparent from the face of the record that victim injury points were improperly assessed at forty points rather than at eighteen points. As such, we reverse and remand for correction of Borjas’ score-sheet and for resentencing. See Johnson v. State, 702 So.2d 247, 248 (Fla. 4th DCA 1997) (providing that where erroneous scoresheet calculation is apparent on the face of the record, it is reviewable under Florida Rule of Criminal Procedure 3.800(a)).

REVERSED and REMANDED.

GUNTHER and HAZOURI, JJ., concur.

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POLEN, J.

Luis Borjas timely appeals after the court summarily denied his motion to correct his sentence. As the state concedes, it is apparent from the face of the record that victim injury points were improperly assessed at forty points rather than at eighteen points. As such, we reverse and remand for correction of Borjas’ score-sheet and for resentencing. See Johnson v. State, 702 So.2d 247, 248 (Fla. 4th DCA 1997) (providing that where erroneous scoresheet calculation is apparent on the face of the record, it is reviewable under Florida Rule of Criminal Procedure 3.800(a)).

REVERSED and REMANDED.

GUNTHER and HAZOURI, JJ., concur.

Borjas v. State, 747 So. 2d 1049, 2000 Fla. App. LEXIS 70, 2000 WL 10455 (Fla. Ct. App. 2000).

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