ARTHUR DEBOSE
v.
STATE

Fla. 3d DCA | 2021-04-14
No. 20-1594
Florida District Court of Appeal, Third District (2021)

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Holding

Errors in DeBose's sentencing scoresheet, if any existed, were harmless because the record conclusively demonstrates the trial court would have imposed the same sentence.


Headnotes

[1] Harmless error doctrine applies to sentencing scoresheet errors when the record conclusively demonstrates that the trial court would have imposed the same sentence using…

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Key Quotes

“the error is harmless if the record conclusively shows that the trial court would have imposed the same sentence using a corrected scoresheet”

Court applies the harmless error standard from Tundidor v. State to evaluate scoresheet errors

Facts & Procedural History

Arthur DeBose appealed from a circuit court conviction in Miami-Dade County, raising issues related to his sentencing scoresheet.…

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Opinion of the Court

PER CURIAM.

Affirmed. See Tundidor v. State, 221 So. 3d 587, 605 (Fla. 2017)

(“[T]he error is harmless if the record conclusively shows that the trial court

would have imposed the same sentence using a corrected scoresheet.”)

(citation omitted); Kablitz v. State, 979 So. 2d 969, 972 (Fla. 4th DCA 2008)

(Defendant “alleges errors in his scoresheet. However, as to these, we

conclude that the state has shown that the same sentence would have

been imposed had the corrections been made.”) (citing State v. Anderson,

905 So. 2d 111 (Fla. 2005)).


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