BERLIN ERIC STOUTE, III vs STATE OF FLORIDA

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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 BERLIN ERIC STOUTE, III, Appellant, v. Case No. 5D19-2935 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 13, 2020 Appeal from the Circuit Court for Orange County, Jenifer M. Harris, Judge. James S. Purdy, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We accept the State’s concession of error in this case and remand solely for correction of Appellant’s scoresheet. On remand, in accordance with the court’s ruling on appellant’s motion to correct sentencing error, 4.2 points shall be removed from the scoresheet. See Perez v. State, 840 So. 2d 1179, 1180 (Fla. 5th DCA 2003). AFFIRMED; REMANDED for Correction of Scoresheet. COHEN, EDWARDS, and HARRIS, JJ., concur. 2

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