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Boone v. State

District Court of Appeal of Florida, Second District
Dec 9, 1994
647 So. 2d 288 (Fla. Dist. Ct. App. 1994)

Opinion

No. 92-04139.

December 9, 1994.

Appeal from the Circuit Court, Hillsborough County, Diana M. Allen, J.

Catherine P. Teti, Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ron Napolitano, Asst. Atty. Gen., Tampa, for appellee.


Daniel Boone appeals his sentences imposed upon revocation of community control. He was sentenced to two concurrent fifteen-year terms of imprisonment. The trial court relied on a scoresheet that correctly described the second offense as an additional offense at conviction, but scored it as a primary offense. This error added 86 points to the scoresheet, increasing the total points from 250 to 336. Because we cannot determine as a matter of law that this sizable error was harmless, we reverse and remand for resentencing. Najar v. State, 614 So.2d 644 (Fla. 2d DCA 1993).

Reversed and remanded.

RYDER, A.C.J., and THREADGILL and ALTENBERND, JJ., concur.


Summaries of

Boone v. State

District Court of Appeal of Florida, Second District
Dec 9, 1994
647 So. 2d 288 (Fla. Dist. Ct. App. 1994)
Case details for

Boone v. State

Case Details

Full title:DANIEL BOONE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 9, 1994

Citations

647 So. 2d 288 (Fla. Dist. Ct. App. 1994)