MARLO MITCHELL v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MARLO MITCHELL, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D02-4912 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed December 24, 2003. An appeal from an order of the Circuit Court for Bay County. Michael C. Overstreet, Judge. Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant. Charlie Crist, Attorney General; Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant seeks to have her judgment and sentence corrected. Appellant contends that her sentence was illegal because it was based on an incorrect scoresheet and because her judgment erroneously cited a crime for which she was not charged. After consideration of appellant s rule 3.800(b)(2) motion, the trial court reimposed the previous sentence without attaching a corrected scoresheet or citing the correct statute in appellant s judgment. The State concedes that this was error. We affirm appellant s conviction and sentence and remand for correction of the scoresheet and judgment. AFFIRMED; REMANDED with directions. BOOTH, BENTON and LEWIS, JJ., CONCUR. 2

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