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SCHERWITZ v. STATE

No. 92-2372.

618 So.2d 793 (1993)

William C. SCHERWITZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 28, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The issue here is whether an erroneous scoresheet can be corrected, resulting in a more severe sentence, after violation of community control in the absence of any affirmative misrepresentations to the court by the defendant. Cf. Goene v. State, 577 So.2d 1306 (Fla. 1991).

In Graham v. State, 559 So.2d 343 (Fla. 4th DCA 1990), the Fourth District held that a...

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