Favors v. State

District Court of Appeal of Florida

Favors v. State

506 So. 2d 1109, 12 Fla. L. Weekly 1203, 1987 Fla. App. LEXIS 8115

CourtDistrict Court of Appeal of Florida

DecidedMay 6, 1987

DocketNo. 86-233

StatusPublished

This text of 506 So. 2d 1109 (Favors 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

Favors v. State, 506 So. 2d 1109, 12 Fla. L. Weekly 1203, 1987 Fla. App. LEXIS 8115 (Fla. Ct. App. 1987).

Pincite

Opinion

DANAHY, Chief Judge.

Appellant contends that his sentence is erroneous since the degrees of crime for which he was convicted were wrongly reclassified pursuant to section 775.087, Florida Statutes (1981). The error concerns the fact that the reclassification was based on the use of a weapon during the commission of the crimes — one a felony, one a misdemeanor. Appellant argues that reclassification was improper since (1) the felony conviction was for robbery with a weapon, and (2) the reclassification statute does not apply to reclassification of misdemeanors. The state, finding no need to respond to the merits of appellant’s arguments, simply points out that the scoresheet prepared in this case used the degrees of crime in their original, unreclassified version. Thus, the state contends that the only issue here concerns a mere scrivener’s error which can be corrected on remand. We agree. Accordingly, the judgment and sentence are therefore reversed and remanded for correction of the degree of crime to reflect the scoresheet entries. Appellant need not be present for this purpose.

Reversed and remanded with instructions.

SCHEB and CAMPBELL, JJ., concur.

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DANAHY, Chief Judge.

Appellant contends that his sentence is erroneous since the degrees of crime for which he was convicted were wrongly reclassified pursuant to section 775.087, Florida Statutes (1981). The error concerns the fact that the reclassification was based on the use of a weapon during the commission of the crimes — one a felony, one a misdemeanor. Appellant argues that reclassification was improper since (1) the felony conviction was for robbery with a weapon, and (2) the reclassification statute does not apply to reclassification of misdemeanors. The state, finding no need to respond to the merits of appellant’s arguments, simply points out that the scoresheet prepared in this case used the degrees of crime in their original, unreclassified version. Thus, the state contends that the only issue here concerns a mere scrivener’s error which can be corrected on remand. We agree. Accordingly, the judgment and sentence are therefore reversed and remanded for correction of the degree of crime to reflect the scoresheet entries. Appellant need not be present for this purpose.

Reversed and remanded with instructions.

SCHEB and CAMPBELL, JJ., concur.

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Bluebook (online)

506 So. 2d 1109, 12 Fla. L. Weekly 1203, 1987 Fla. App. LEXIS 8115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/favors-v-state-fladistctapp-1987.