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Borjas v. State

District Court of Appeal of Florida, Fourth District
Jan 5, 2000
747 So. 2d 1049 (Fla. Dist. Ct. App. 2000)

Opinion

No. 99-3152.

Opinion filed January 5, 2000.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Virginia Gay Broome, Judge; L.T. No. 96-475CFA02.

Luis G. Borjas, Lake City, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for appellee.


Luis Borjas timely appeals after the court summarily denied his motion to correct his sentence. As the state concedes, it is apparent from the face of the record that victim injury points were improperly assessed at forty points rather than at eighteen points. As such, we reverse and remand for correction of Borjas' scoresheet and for resentencing. See Johnson v. State, 702 So.2d 247, 248 (Fla. 4th DCA 1997) (providing that where erroneous scoresheet calculation is apparent on the face of the record, it is reviewable under Florida Rule of Criminal Procedure 3.800(a)).

REVERSED and REMANDED.

GUNTHER and HAZOURI, JJ., concur.


Summaries of

Borjas v. State

District Court of Appeal of Florida, Fourth District
Jan 5, 2000
747 So. 2d 1049 (Fla. Dist. Ct. App. 2000)
Case details for

Borjas v. State

Case Details

Full title:LUIS C. BORJAS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 5, 2000

Citations

747 So. 2d 1049 (Fla. Dist. Ct. App. 2000)