Opinion
Case No. 96-01774
Opinion filed December 17, 1997.
Appeal from the Circuit Court for Lee County; Isaac Anderson, Judge.
James Marion Moorman, Public Defender, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Tampa, for Appellee.
Ralph Flint challenges the denial of his petition for habeas corpus, seeking a discharge for violation of his right to a speedy trial. We affirm. Flint also contends his guidelines scoresheet was inaccurate, resulting in a de facto departure sentence. The State concedes that the total points on his scoresheet should have been 107.6 instead of 110.2. As a result, Flint's sentence exceeded the guidelines maximum. We remand for resentencing under the corrected scoresheet. The trial court may reimpose the original sentence only if it files written reasons for a departure. See State v. Vanhorn, 561 So.2d 584 (Fla. 1990);Junco v. State, 571 So.2d 570 (Fla. 3d DCA 1990).
Denial of petition for habeas corpus affirmed, remanded for resentencing.
BLUE, A.C.J., and WHATLEY, J., Concur.