ROBERT VELAZCO
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2024-01-31
No. 2023-1200
Miranda, J., Emas, J., Lobree, J., Bokor, J.
2024 FL 983 Florida District Court of Appeal, Third District (2024)

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Holding

Sentencing scoresheet errors are subject to harmless error review under the 'would-have-been-imposed' standard established in State v. Anderson.


Headnotes

[1] Sentencing scoresheet errors are reviewed for harmless error under the 'would-have-been-imposed' standard, which requires determining whether the trial court would have i…

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Key Quotes

“would-have-been-imposed harmless error standard for sentencing scoresheet errors or corrections”

The court's citation to State v. Anderson establishing the applicable standard of review

Facts & Procedural History

Robert Velazco appealed from a judgment in Miami-Dade County Circuit Court. The appeal involved a sentencing scoresheet issue.…

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Opinion of the Court
Bokor

Third District Court of Appeal State of Florida

Opinion filed January 31, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1200 Lower Tribunal No. F14-12941 ________________

Robert Velazco, Appellant,

vs.

The State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Cristina Miranda, Judge.

Robert Velazco, in proper person.

Ashley Moody, Attorney General, and Kseniya Smychkouskaya, Assistant Attorney General, for appellee.

Before EMAS, LOBREE and BOKOR, JJ.

PER CURIAM.

2

Affirmed. See State v. Anderson, 905 So. 2d 111, 118–19 (Fla. 2005) (adopting “would-have-been-imposed” harmless error standard for sentencing scoresheet errors or corrections).


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