Mathis v. State

District Court of Appeal of Florida

Mathis v. State

735 So. 2d 549, 1999 Fla. App. LEXIS 6899, 1999 WL 497214

CourtDistrict Court of Appeal of Florida

DecidedMay 28, 1999

DocketNo. 98-00221

StatusPublished

Cited by1 cases

This text of 735 So. 2d 549 (Mathis 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

Mathis v. State, 735 So. 2d 549, 1999 Fla. App. LEXIS 6899, 1999 WL 497214 (Fla. Ct. App. 1999).

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Opinion

WHATLEY, Judge.

Lester James Mathis appeals his sentence imposed upon remand. He contends that the trial court failed to follow this court’s mandate in Mathis v. State, 693 So.2d 1032 (Fla. 2d DCA 1997), when it failed to resentence him on all four of the counts of which he was convicted.

In Mathis, this court reversed only Mathis’s sentence for his conviction of attempted second degree murder of a law enforcement officer because it had been erroneously classified as a life felony rather than a first degree felony. However, this court directed at the conclusion of the opinion that Mathis be resentenced on all four counts based on a recalculated guidelines scoresheet. This direction overlooked the fact that Mathis was sentenced as a habitual offender for the other three counts and no scoresheet is required for habitual offender sentencing. Finding no sentencing error, we affirm. However, as the State concedes, Mathis’s judgment must be corrected to reflect that the offense of attempted second degree murder of a law enforcement officer is a felony of the first degree. Mathis need not be present. See Sinks v. State, 661 So.2d 303 (Fla.1995).

Affirmed but remanded for correction of judgment.

PATTERSON, A.C.J., and BLUE, J., Concur.

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WHATLEY, Judge.

Lester James Mathis appeals his sentence imposed upon remand. He contends that the trial court failed to follow this court’s mandate in Mathis v. State, 693 So.2d 1032 (Fla. 2d DCA 1997), when it failed to resentence him on all four of the counts of which he was convicted.

In Mathis, this court reversed only Mathis’s sentence for his conviction of attempted second degree murder of a law enforcement officer because it had been erroneously classified as a life felony rather than a first degree felony. However, this court directed at the conclusion of the opinion that Mathis be resentenced on all four counts based on a recalculated guidelines scoresheet. This direction overlooked the fact that Mathis was sentenced as a habitual offender for the other three counts and no scoresheet is required for habitual offender sentencing. Finding no sentencing error, we affirm. However, as the State concedes, Mathis’s judgment must be corrected to reflect that the offense of attempted second degree murder of a law enforcement officer is a felony of the first degree. Mathis need not be present. See Sinks v. State, 661 So.2d 303 (Fla.1995).

Affirmed but remanded for correction of judgment.

PATTERSON, A.C.J., and BLUE, J., Concur.

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735 So. 2d 549, 1999 Fla. App. LEXIS 6899, 1999 WL 497214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathis-v-state-fladistctapp-1999.

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