Summary
concluding that scoresheet error was harmless since the trial court imposed the maximum sentence allowable for a habitual violent offender
Summary of this case from Kenon v. StateOpinion
Case No. 95-3337
Opinion filed February 26, 1997
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Dwight L. Geiger, Judge; L.T. Case No. 94-2325 CFB.
Victor John E. Vale, II of Vale Fasula, P.A., Fort Pierce, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.
Affirmed. The state showed by a preponderance of the evidence that the out-of-state conviction it relied on for the prior felony for habitual violent felony offender status was a conviction of appellant's. See § 775.084(1)(b), (3)(d), Fla. Stat. (1993). With respect to the scoresheet error, the state concedes that the trial court erroneously added points for the victim's death, an offense for which appellant was not found guilty. See Harris v. State, 658 So.2d 1226 (Fla. 4th DCA 1995). However, we agree with the state that the error was harmless given the trial court's imposition of the maximum sentence allowable for a habitual violent offender. See Sellers v. State, 578 So.2d 339 (Fla. 1st DCA), approved on other grounds, 586 So.2d 340 (Fla. 1991).
However, we remand for the trial court to correct the clerical error in the final judgment to show that appellant was convicted of attempted second degree murder in violation of section 782.04(2).
WARNER, STEVENSON and PARIENTE, JJ., concur.