Philippe v. State

District Court of Appeal of Florida

Philippe v. State

67 So. 3d 427, 2011 Fla. App. LEXIS 12545, 2011 WL 3477068

CourtDistrict Court of Appeal of Florida

DecidedAugust 10, 2011

Docket4D10-2364

StatusPublished

This text of 67 So. 3d 427 (Philippe 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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Philippe v. State, 67 So. 3d 427, 2011 Fla. App. LEXIS 12545, 2011 WL 3477068 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

We affirm the trial court’s denial of appellant’s Rule 3.800(a) motion. Brooks v. State, 969 So.2d 238 (Fla.2007). Even if the claim of scoresheet error had been raised in a sworn Rule 3.850 motion, the transcript of the sentencing hearing conclusively shows that the trial court would have imposed the same sentence. Brooks, 969 So.2d at 243 n. 8; State v. Anderson, 905 So.2d 111, 112 (Fla.2005).

Affirmed.

WARNER, STEVENSON and TAYLOR, JJ., concur.

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PER CURIAM.

We affirm the trial court’s denial of appellant’s Rule 3.800(a) motion. Brooks v. State, 969 So.2d 238 (Fla.2007). Even if the claim of scoresheet error had been raised in a sworn Rule 3.850 motion, the transcript of the sentencing hearing conclusively shows that the trial court would have imposed the same sentence. Brooks, 969 So.2d at 243 n. 8; State v. Anderson, 905 So.2d 111, 112 (Fla.2005).

Affirmed.

WARNER, STEVENSON and TAYLOR, JJ., concur.

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Bluebook (online)

67 So. 3d 427, 2011 Fla. App. LEXIS 12545, 2011 WL 3477068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philippe-v-state-fladistctapp-2011.

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