BROWN v. STATE

No. 97-2626.

715 So.2d 1142 (1998)

Daryl L. BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 21, 1998.


Attorney(s) appearing for the Case

Rex Golden, St. Petersburg, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, Chief Judge.

The defendant was convicted of three offenses in 1990: burglary of a dwelling, grand theft and dealing in stolen property. He had a substantial prior felony record. Defendant was given a guidelines sentence on counts I and II and a habitual offender sentence on count III. The scoresheet erroneously scored the count III offense as the primary offense at conviction. The defendant filed a Rule 3.800 motion to correct the scoring error and was granted...

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