CARNELL E. BUTLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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BLUE, Judge.
Carnell E. Butler appeals his sentence for fraudulent use of a credit card and claims scoresheet error. Based on a mathematical error m the scoresheet, we reverse his sentence.
Butler entered a negotiated plea for a sentence at the bottom of the guidelines range. Butler claims that the bottom range should have been only twenty-two months, rather than the twenty-seven months that he received. Our review of the scoresheet reveals a mathematical error in the sentence computation. When the state prison months were multiplied by seventy-five percent, the minimum prison term should have been 21.15 months instead of the 27.25 months reflected on the scoresheet. Accordingly, we reverse and remand for sentencing with a corrected scoresheet. See Nantz v. State, 687 So. 2d 845 (Fla. 2d DCA 1996) (reversing and remanding for resentencing when trial court relied on scoresheet with mathematical errors), review denied, 695 So. 2d 700 (Fla.1997).
Reversed and remanded.
PATTERSON, A.C.J., and GREEN, J., Concur.
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Peters v. State, 128 So. 3d 832 (Fla. 4th DCA 2013)…ny offense pending before the court for sentencing.” Fla. R. Crim. P. 3.702(d)(5). “At the sentencing proceeding the burden is on the defendant to object if he contends that victim injury points have been inappropriately assessed.” Marcado v. State, 735 So. 2d 556, 558 (Fla. 3d DCA 1999). As a result, “[l]ike any other type of alleged error, the general rule is an objection that is both specific and contemporaneous must be raised to allow review of an Apprendi claim,” including challenges to the assessment of…
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Casanova v. State, 752 So. 2d 706 (Fla. 2d DCA 2000)…total points. The State concedes error but concludes that the total sentence points should be 60.4. Our independent calculation confirms the State’s computation. Accordingly, we remand for correction of Mr. Casanova’s sentence. See Butler v. State, 735 So. 2d 556 (Fla. 2d DCA 1999). Mr. Casanova’s final challenge is to the order of restitution. Because no written order or judgment is in the record on appeal, this court is without jurisdiction to consider his claim. See Gatlin v. State, 618 So. 2d 765 (Fla.…
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- Nantz v. State, 687 So. 2d 845 (Fla. 2d DCA 1996)