Davis v. State

Full title: MICHAEL JAMES DAVIS, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Feb 5, 2016

185 So. 3d 649 (Fla. Dist. Ct. App. 2016)

Opinion

No. 2D15–232.

02-05-2016

Michael James DAVIS, Appellant, v. STATE of Florida, Appellee.

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.

Howard L. Dimmig, II, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

Opinion

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 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).

1

Affirmed and remanded.

CASANUEVA and MORRIS, JJ., Concur.

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).