HARRY JACKSON BOYD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Clerical Error In Judgment cases and more on FLexlaw
[*1390] PER CURIAM.
Affirmed. The state showed by a preponderance' of the evidence that the out-of-state conviction it relied on for the prior felony for habitual violent felony offender status was a conviction of appellant’s. See § 775.084(l)(b), (3)(d), Fla. Stat. (1993). With respect to the seoresheet error, the state concedes that the trial court erroneously added points for the victim’s death, an offense for which appellant was not found guilty. See Harris v. State, 658 So. 2d 1226 (Fla. 4th DCA 1995). However, we agree with the state that the error was harmless given the trial court’s imposition of the maximum sentence allowable for a habitual violent offender. See Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA), approved on other grounds, 586 So. 2d 340 (Fla.1991).
However, we remand for the trial court to correct the clerical error in the final judgment to show that appellant was convicted of attempted second degree murder in violation of section 782.04(2).
WARNER, STEVENSON and PARIENTE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kenon v. State, 780 So. 2d 258 (Fla. 5th DCA 2001)…re harmless errors. See Isom v. State, 750 So. 2d 784 (Fla. 3d DCA 2000) (holding that scoresheet error, even if they affected the recommended range, were harmless since the defendant was given a life sentence as a habitual offender); Boyd v. State, 687 So. 2d 1389 (Fla. 4th DCA 1997) (concluding that scoresheet error was harmless since the trial court imposed the maximum sentence allowable for a habitual violent offender). With respect to the convictions for carrying a concealed firearm and possession of a f…
Authorities Cited
- Carter v. State, 586 So. 2d 340 (Fla. 1991)
- Louie Anthony Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA 1991)
- Fernandez v. Efigenia Nancy Fernandez, 578 So. 2d 339 (Fla. 3d DCA 1991)
- Harris v. State, 658 So. 2d 1226 (Fla. 4th DCA 1995)