McCool v. State, CASE NO. 1D16–2220
Decision Date | 14 February 2017 |
Docket Number | CASE NO. 1D16–2220 |
Citation | 211 So.3d 304 |
Parties | Elijah Terrell MCCOOL, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Andy Thomas, Public Defender, Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee.
Appellant, Elijah Terrell McCool, appeals his sentence for felony battery, arguing that the trial court erred in denying his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(b). We agree with Appellant that his 2016 sentencing scoresheet erroneously included a sixth "prior record" misdemeanor. In doing so, we reject the State's 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. See Sanders v. State , 35 So.3d 864, 869 (Fla. 2010) ( ); Somps v. State , 183 So.3d 1090, 1092 (Fla. 4th DCA 2015) (); see also Dennewitz v. State , 192 So.3d 662, 663 (Fla. 2d DCA 2016) ( ).
Based upon the foregoing, we reverse Appellant's sentence and remand for resentencing based upon a correctly calculated scoresheet. On remand, the trial court should reevaluate the proper amount of jail credit Appellant is entitled to receive. As we have explained, "A defendant is entitled to an award of credit for all time spent in the county jail prior to sentencing in a violation case, which includes all time spent in the county jail prior to the original sentencing plus all time...
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Robinson v. State, 1D18-1910
...and sentence did not reflect the corrected jail credit of 104 days' time served and should be corrected on remand. See McCool v. State , 211 So. 3d 304 (Fla. 1st DCA 2017) (explaining that a "defendant is entitled to an award of credit for all time spent in jail prior to sentencing in a vio......
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Naugle v. State
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