Watts v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 CARL E. WATTS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-2712 [July 6, 2011] PER CURIAM. Carl E. Watts challenges the trial court s denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court s denial of Watts s challenges to his plea. However, as the state recognized in its response filed in the trial court, the Criminal Punishment Code scoresheet used to sentence Watts is incorrect, and a hearing is necessary to determine whether the court would have imposed the same sentence, absent the scoresheet error. Accordingly, we reverse and remand for the preparation of a corrected scoresheet and for resentencing. See Brooks v. State, 969 So. 2d 238 (Fla. 2007). Reversed and remanded for preparation of a corrected scoresheet and for resentencing. MAY, C.J., HAZOURI and LEVINE, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Bernard I. Bober, Judge; L.T. Case Nos. 03-2238 CF10A and 07-7755 CF10A. Carl E. Watts, Bonifay, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing. -2-

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