Appellant, Elijah Terrell McCool, appeals his sentence for felony battery, arguing that the trial court erred in denying his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(b). We agree with Appellant that his 2016 sentencing scoresheet erroneously included a sixth “prior record” misdemeanor. In doing so, we reject the State’s argument that the error was harmless because the points assessed for the sixth misdemeanor offense were the same as those that should have been assessed for misdemeanor battery as an “additional offense” on the scoresheet. See Sanders v. State,
Based upon the foregoing, we reverse Appellant’s sentence and remand for resentencing based upon a correctly calculated scoresheet. On remand, the trial court should reevaluate the proper amount of jail credit Appellant is entitled to receive. As we have explained, “A defendant is entitled to an award of credit for all time spent in the county jail prior to sentencing in a violation case, which includes all time spent in the county jail prior to the original sentencing plus all time spent in the county jail prior to any subsequent violation sentencings.” Jenkins v. State,
REVERSED and REMANDED for re-sentencing.
