Jose M. Torres v. State

District Court of Appeal of Florida

Jose M. Torres v. State

CourtDistrict Court of Appeal of Florida

DecidedJune 11, 2018

Docket5D18-1134

StatusPublished

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Bluebook

Jose M. Torres v. State, (Fla. Ct. App. 2018).

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Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

JOSE M. TORRES,

Appellant,

v. Case No. 5D18-1134

STATE OF FLORIDA,

Appellee. ________________________________/

Opinion filed June 12, 2018

3.800 Appeal from the Circuit Court for Brevard County, Robin C. Lemonidis, Judge.

Jose M. Torres, Crawfordville, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See Brooks v. State, 969 So. 2d 238, 243 (Fla. 2007) (holding that

when a sentencing scoresheet error is raised in a motion filed under Florida Rule of

Criminal Procedure 3.800(a), if the trial court could have imposed the same sentence

using a correct scoresheet, the defendant is not entitled to relief because any error in

the scoresheet was harmless).

WALLIS, LAMBERT, and EISNAUGLE, JJ., concur.

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