Hubert v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT BOBBY LEE HUBERT, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D02-2117 Opinion filed December 3, 2003. Appeal from the Circuit Court for Charlotte County; Donald E. Pellecchia, Judge. Kevin C. Shirley, Punta Gorda, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Ann Sheer Weiner, Assistant Attorney General, Tampa, for Appellee. SALCINES, Judge. Bobby Lee Hubert appeals from the sentence imposed pursuant to his nolo contendere plea to lewd or lascivious battery.1 He challenges only a preserved 1 The judgment erroneously described this offense as "lewd sexual battery." scoresheet error for which the State concedes error. The error, however, is harmless as to trial court case number 01-558-CF, the single case which is the subject of this appeal. Accordingly, we affirm without prejudice to Hubert's right to file a motion for correction of the sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(a). Affirmed. STRINGER and WALLACE, JJ., Concur. -2-

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