Davis 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 MICHAEL JAMES DAVIS, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D15-232 Opinion filed February 5, 2016. Appeal from the Circuit Court for Sarasota County; Thomas Krug, Judge. Howard L. Dimmig, II, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee. VILLANTI, Chief Judge. In this Anders 1 appeal, we affirm Michael Davis's judgment and sentence but remand for correction of a scrivener's error on the criminal punishment code scoresheet. The trial court calculated Davis to have a total point score of 10.6, but after 1Anders v. California, 386 U.S. 738 (1967). adding up the totals for Davis's primary offense, additional offense, and prior record, the proper total should have been only 9.6. As such, we must remand the matter back to the trial court to file a corrected scoresheet. See Brock v. State, 903 So. 2d 1031 (Fla. 4th DCA 2005). Affirmed and remanded. CASANUEVA and MORRIS, JJ., Concur. -2-

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