Brinson v. State

District Court of Appeal of Florida

Brinson v. State

718 So. 2d 343, 1998 Fla. App. LEXIS 11939, 1998 WL 718053

CourtDistrict Court of Appeal of Florida

DecidedSeptember 23, 1998

DocketNo. 98-03169

StatusPublished

This text of 718 So. 2d 343 (Brinson v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brinson v. State, 718 So. 2d 343, 1998 Fla. App. LEXIS 11939, 1998 WL 718053 (Fla. Ct. App. 1998).

Pincite

Opinion

PER CURIAM.

We affirm the order of the trial court denying Gilbert Brinson’s motion to correct illegal sentence; his is a negotiated sentence and is not dependent upon the correctness of his guideline scoresheet. However, the trial court in its order of denial conceded Brin-son’s allegation that his guideline scoresheet erroneously denominates his primary offense at conviction as a level nine offense whereas the record confirms that it is in fact a level seven offense. We affirm the trial court’s ruling but remand for the trial court to prepare and file a corrected scoresheet and forward a copy of same to the Department of Corrections.

CAMPBELL, A.C.J., and FULMER and CASANUEVA, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We affirm the order of the trial court denying Gilbert Brinson’s motion to correct illegal sentence; his is a negotiated sentence and is not dependent upon the correctness of his guideline scoresheet. However, the trial court in its order of denial conceded Brin-son’s allegation that his guideline scoresheet erroneously denominates his primary offense at conviction as a level nine offense whereas the record confirms that it is in fact a level seven offense. We affirm the trial court’s ruling but remand for the trial court to prepare and file a corrected scoresheet and forward a copy of same to the Department of Corrections.

CAMPBELL, A.C.J., and FULMER and CASANUEVA, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

718 So. 2d 343, 1998 Fla. App. LEXIS 11939, 1998 WL 718053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brinson-v-state-fladistctapp-1998.