Hubert v. State

870 So. 2d 124, 2003 Fla. App. LEXIS 18326, 2003 WL 22848953

Opinion

SALCINES, Judge.

Bobby Lee Hubert appeals from the sentence imposed pursuant to his nolo con-tendere plea to lewd or lascivious battery.¹ He challenges only a preserved scoresheet error for which the State concedes error. The error, however, is harmless as to trial court case number 01-558-CF, the single case which is the subject of this appeal. Accordingly, we affirm without prejudice to Hubert’s right to file a motion for correction of the sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(a).

Affirmed.

STRINGER and WALLACE, JJ., Concur.

1 . The judgment erroneously described this offense as "lewd sexual battery.”