Opinion
No. 97-2626
August 21, 1998
3.800 Appeal from the Circuit Court for Orange County, Reginald K. Whitehead, Judge.
Rex Golden, St. Petersburg, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.
The defendant was convicted of three offenses in 1990: burglary of a dwelling, grand theft and dealing in stolen property. He had a substantial prior felony record. Defendant was given a guidelines sentence on counts I and II and a habitual offender sentence on count III. The scoresheet erroneously scored the count III offense as the primary offense at conviction. The defendant filed a Rule 3.800 motion to correct the scoring error and was granted relief. The scoresheet was recalculated and he was resentenced on counts I and II. The defendant contends that he was also entitled to be resentenced on count III because the erroneous scoresheet used for counts I and II may somehow have affected the sentencing decision on count III. We find this argument to be completely without merit and affirm.
AFFIRMED.
DAUKSCH and ANTOON, JJ., concur.