Harbican v. State

Full title: CARL DENNIS HARBICAN, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Dec 29, 1999

747 So. 2d 1034 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-59.

Opinion filed December 29, 1999.

An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Alex E. Ferrer, Judge, L.T. No. 95-39370.

David H. Freedman, for appellant.

Robert A. Butterworth, Attorney General, and Jan E. Vair, Assistant Attorney General, for appellee.

Before JORGENSON, COPE, and FLETCHER, JJ.

PER CURIAM.

Affirmed. See State v. Mackey, 719 So.2d 284 (Fla. 1998) (holding that where trial court uses improperly calculated scoresheet when sentencing defendant resulting in sentence that is lower than recommended guidelines sentence, resentencing not required).