Holmes v. State, 2D11–475.
| Decision Date | 27 March 2013 |
| Docket Number | No. 2D11–475.,2D11–475. |
| Citation | 109 So.3d 1191 |
| Parties | Andre Cornelius HOLMES, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
OPINION TEXT STARTS HERE
Howard L. Dimmig, II, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant.
Andre Cornelius Holmes, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.
In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Andre Cornelius Holmes challenges the revocation of his probation for third-degree grand theft and the resulting sentence. We affirm the revocation and the sentence without further comment. However, we remand for correction of a scrivener's error on Holmes' scoresheet.
In a motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), Holmes argued that his scoresheet was not properly calculated because it included twelve points for a “new felony conviction.” He points out that he did not have any new felony convictions at the time of sentencing and that the new substantive charges against him were dropped after he was sentenced on the revocation of probation. Therefore, he contends that he is entitled to be resentenced using a corrected scoresheet. However, while Holmes is correct that his scoresheet shows twelve points under the “Community Sanction” section for a new felony conviction, the error is a scrivener's error rather than a substantive error.
Under the “Community Sanction” section of the Criminal Punishment Code scoresheet, a defendant may be assessed six points for each “community sanction violation,” which points are assessed for each violation of probation. See Jones v. State, 901 So.2d 255, 258 (Fla. 4th DCA 2005); Kelly v. State, 706 So.2d 396, 397 (Fla. 1st DCA 1998); see alsoFla. R. Crim. P. 3.704(d)(16) (). Here, the record shows that Holmes was before the court for his second violation of probation—the first having come in June 2010. Thus, the State properly scored twelve points under the “Community Sanction” section of Holmes' scoresheet for these violations of probation. However, the scoresheet preparer incorrectly checked the box in the “Community Sanction” section for a new felony conviction, which also scores twelve...
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...this scrivener's error on Mr. Moret's scoresheet. Mr. Moret "need not be present when this correction is made." See Holmes v. State , 109 So. 3d 1191, 1192 (Fla. 2d DCA 2013).Affirmed and remanded for correction of scrivener's error. LaROSE, ROTHSTEIN-YOUAKIM, and STARGEL, JJ., ...
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Montanez v. State, 2D14–1606.
...have been corrected. Accordingly, on remand, the trial court shall correct the scrivener's error in the scoresheet. See Holmes v. State, 109 So.3d 1191, 1192 (Fla. 2d DCA 2013) ; Jones v. State, 96 So.3d 1122, 1122 (Fla. 5th DCA 2012).Affirmed, but remanded with instructions.SILBERMAN, KELL......
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Moret v. State
... ... Moret's scoresheet. Mr. Moret "need not be present ... when this correction is made." See Holmes v ... State, 109 So.3d 1191, 1192 (Fla. 2d DCA 2013) ... Affirmed ... and remanded for correction of scrivener's error ... ...
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Russell v. State, Case No. 2D17-3205
...the trial court should ensure that any mistakes of which it is aware are corrected before entering a judgment. See Holmes v. State, 109 So.3d 1191, 1192 (Fla. 2d DCA 2013) ("[T]o avoid questions in future proceedings, we remand for the scrivener's error on the scoresheet to be corrected.").......