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Casanova v. State

District Court of Appeal of Florida, Second District
Feb 18, 2000
752 So. 2d 706 (Fla. Dist. Ct. App. 2000)

Opinion

No. 2D99-244.

Opinion filed February 18, 2000.

Appeal from the Circuit Court for Hillsborough County; Diana M. Allen, Judge.

James Marion Moorman, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


Vincent Casanova appeals his convictions, judgment, and sentence for burglary of a conveyance and petit theft. The trial judge properly denied his motion for judgment of acquittal, and we affirm. However, Mr. Casanova's contention that his sentencing guidelines scoresheet contains a mathematical error is meritorious. Therefore, we reverse for resentencing with a corrected scoresheet.

Mr. Casanova alleges that his scoresheet total of 65 total points should be 64 total points. The State concedes error but concludes that the total sentence points should be 60.4. Our independent calculation confirms the State's computation. Accordingly, we remand for correction of Mr. Casanova's sentence. See Butler v. State, 735 So.2d 556 (Fla. 2d DCA 1999).

Mr. Casanova's final challenge is to the order of restitution. Because no written order or judgment is in the record on appeal, this court is without jurisdiction to consider his claim. See Gatlin v. State, 618 So.2d 765 (Fla. 2d DCA 1993).

Affirmed in part; reversed in part; remanded with instructions.

THREADGILL, A.C.J., and WHATLEY, J., Concur.


Summaries of

Casanova v. State

District Court of Appeal of Florida, Second District
Feb 18, 2000
752 So. 2d 706 (Fla. Dist. Ct. App. 2000)
Case details for

Casanova v. State

Case Details

Full title:VINCENT CASANOVA, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Feb 18, 2000

Citations

752 So. 2d 706 (Fla. Dist. Ct. App. 2000)