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Lathrop v. State
521 So. 2d 358
Fla. Dist. Ct. App.
1988
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DAUKSCH, Judge.

This is an appeal from a sentence. Appellant was before the court for sentencing after he violated terms of his community control sentence. Although presented with a properly calculated sentencing guideline scoresheet the sentencing judge declined to use it; instead, he used a previously prepared, and used, scoresheet. That previously used scoresheet was erroneous, as implicitly acknowledged by the sentencing judge. The judge felt he was obliged to follow the erroneous scoresheet because appellant did not raise the issue at the first sentencing or on appeal. We disagree. Rule 3.800(a) allows the court at any time to correct a miscalculated scoresheet. See State v. Whitfield, 487 So.2d 1045 (Fla.1986).

The sentence is vacated and this cause remanded for a proper sentence..

SENTENCE VACATED; REMANDED.

SHARP, C.J., and COBB, J., concur.

Case Details

Case Name: Lathrop v. State
Court Name: District Court of Appeal of Florida
Date Published: Mar 10, 1988
Citation: 521 So. 2d 358
Docket Number: No. 87-682
Court Abbreviation: Fla. Dist. Ct. App.
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