Opinion
No. 94-3058.
June 21, 1995.
Appeal from the Circuit Court for St. Lucie County; Cynthia G. Angelos, Judge.
Richard L. Jorandby, Public Defender, and Mallorye Cunningham, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan Fowler, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm Appellant's judgment and sentence but remand for correction of the scoresheet, which improperly scored two points for possession of marijuana under 20 grams, an offense that was nolle prossed by the state, as an additional offense at conviction. As removal of the two points does not affect the guidelines recommended range, resentencing is not required.
GLICKSTEIN, STONE and KLEIN, JJ., concur.