Hingson v. State

District Court of Appeal of Florida

Hingson v. State

589 So. 2d 453, 1991 Fla. App. LEXIS 11765, 1991 WL 248684

CourtDistrict Court of Appeal of Florida

DecidedNovember 20, 1991

DocketNo. 90-2390

StatusPublished

Cited by1 cases

This text of 589 So. 2d 453 (Hingson 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.

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Hingson v. State, 589 So. 2d 453, 1991 Fla. App. LEXIS 11765, 1991 WL 248684 (Fla. Ct. App. 1991).

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Opinion

BARFIELD, Judge.

The record supports the trial judge’s findings, on remand from this court in Hingson v. State, 553 So.2d 768 (Fla. 1st DCA 1989), that the scoresheet was improperly scored, but that appellant was not influenced by the erroneous score in entering his plea to twenty years imprisonment. The trial judge- did not err in refusing to allow appellant to withdraw his plea, nor in resentencing him on remand to twenty years, a departure sentence under the corrected scoresheet, based upon that plea.

The trial judge’s refusal to allow appellant to withdraw the plea, and the resen-tence, are AFFIRMED. The case is REMANDED, however, for correction of the written sentence to conform to the trial judge’s oral pronouncement with respect to credit for time served.

ERVIN and ZEHMER, JJ., concur.

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BARFIELD, Judge.

The record supports the trial judge’s findings, on remand from this court in Hingson v. State, 553 So.2d 768 (Fla. 1st DCA 1989), that the scoresheet was improperly scored, but that appellant was not influenced by the erroneous score in entering his plea to twenty years imprisonment. The trial judge- did not err in refusing to allow appellant to withdraw his plea, nor in resentencing him on remand to twenty years, a departure sentence under the corrected scoresheet, based upon that plea.

The trial judge’s refusal to allow appellant to withdraw the plea, and the resen-tence, are AFFIRMED. The case is REMANDED, however, for correction of the written sentence to conform to the trial judge’s oral pronouncement with respect to credit for time served.

ERVIN and ZEHMER, JJ., concur.

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589 So. 2d 453, 1991 Fla. App. LEXIS 11765, 1991 WL 248684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hingson-v-state-fladistctapp-1991.

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