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Randy G. NAUGLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District2018-05-30No. Nos. 4D17–2744; 4D17–2745; 4D17–3032; 4D17–3303
244 So. 3d 1127

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Opinion

majority opinion

Gerber, C.J.

We affirm the defendants convictions and sentences following a plea. However, we remand for the circuit court to correct a scoresheet error.

As pointed out in the defendants amended motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), two misdemeanor charges were erroneously scored as additional offenses instead of as prior offenses on the defendants scoresheet. The circuit court denied the defendants motion, adopting the states reasoning that any error was harmless because the total points would not change as the result of any correction. We agree that the error was harmless because the sentence would have been the same. See Brooks v. State , 969 So.2d 238, 241 (Fla. 2007) (when scoresheet errors are presented via (1) direct appeal, (2) Florida Rule of Criminal Procedure 3.800(b), or (3) Florida Rule of Criminal Procedure 3.850, then any error is harmless if the record conclusively shows that the trial court would have imposed the same sentence using a corrected scoresheet).

However, the proper action should have been to grant the defendants motion for the sole purpose of correcting the scoresheet. See Henion v. State , --- So. 3d ----, 2018 WL 2230718 (Fla. 4th DCA May 16, 2018) (affirming the defendants sentence, but remanding for entry of a properly calculated scoresheet, even though the sentence would have been the same); but see McCool v. State , 211 So.3d 304, 305 (Fla. 1st DCA 2017) (where the defendants scoresheet erroneously included a sixth prior record misdemeanor, sentence was reversed and remanded for resentencing based upon a correctly calculated scoresheet; rejecting the states argument that the error was harmless because the points assessed for the sixth misdemeanor offense were the same as those that should have been assessed for misdemeanor battery as an additional offense on the scoresheet).

Based on the foregoing, we affirm the defendants convictions and sentences, but remand for the circuit court to correct the scoresheet error. The defendant need not be present for the ministerial act of correcting the scoresheet on remand. Henion , --- So. 3d at ----.

Affirmed; remanded for correction of scoresheet only.

Warner and Forst, JJ., concur.