CHING V. STATE

Annotate this Case

Download PDF

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 JOSE CHING, ** Appellant, vs. ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D01-286 ** LOWER TRIBUNAL NO. 95-26275 ** Opinion filed October 3, 2001. An Appeal from the Circuit Court for Miami-Dade County, Ellen Leesfield, Judge. Jose Ching, in proper person. Robert A. Butterworth, Attorney General, and Meredith L. Balo (Fort Lauderdale), Assistant Attorney General, for appellee. Before JORGENSON, GODERICH and SHEVIN, JJ. PER CURIAM. We grant defendant's petition for belated appeal of his sentence. Demps v. State, 696 So. 2d 1296 (Fla. 3d DCA 1997). Pursuant to the state's proper confession, we remand this matter to the trial court to address the errors on the revised scoresheet and to resentence defendant accordingly. Specifically, the court shall address whether it was proper to score victim injury and legal status violation points on the revised scoresheet. Notably, the original scoresheet did not reflect points for either category. In addition, the court shall delete the points assessed for possession of a firearm. Neal v. State, 695 So. 2d 496 (Fla. 1st DCA 1997). Cause remanded for resentencing. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.