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Perry v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Apr 21, 2021
316 So. 3d 360 (Fla. Dist. Ct. App. 2021)

Opinion

No. 4D20-278

04-21-2021

Anthony PERRY, Appellant, v. STATE of Florida, Appellee.

Carey Haughwout, Public Defender, and L.K.S. Fagan, Assistant Public Defender, West Palm Beach, for appellant. Ashley Moody, Attorney General, Tallahassee, and Kimberly T. Acuña, Assistant Attorney General, West Palm Beach, for appellee.


Carey Haughwout, Public Defender, and L.K.S. Fagan, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Kimberly T. Acuña, Assistant Attorney General, West Palm Beach, for appellee.

Per Curiam.

Appellant appeals his conviction and sentence for robbery with a weapon. The trial court imposed a bottom of the guidelines sentence of 62.78 months in prison. Appellant argues that his scoresheet incorrectly listed four offenses as "additional offenses" and that they should be removed. The state concedes error in listing the offenses as "additional offenses," but points out that the offenses should be scored as "prior record" instead, having introduced certified copies into the record. Because the record does not conclusively show that the trial court would have imposed the same sentence using a corrected scoresheet, we reverse and remand for the trial court to resolve this matter at resentencing. See Zelaya v. State , 257 So. 3d 493, 497 (Fla. 4th DCA 2018). We affirm the remaining issues raised by appellant without comment.

Affirmed in part, reversed in part, and remanded with instructions .

Levine, C.J., Gross and Klingensmith, JJ., concur.


Summaries of

Perry v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Apr 21, 2021
316 So. 3d 360 (Fla. Dist. Ct. App. 2021)
Case details for

Perry v. State

Case Details

Full title:ANTHONY PERRY, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Apr 21, 2021

Citations

316 So. 3d 360 (Fla. Dist. Ct. App. 2021)