SMITH v. STATE

No. 5D01-530.

800 So.2d 752 (2001)

Patrick R. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 14, 2001.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

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


PALMER, J.

Patrick Smith appeals his sentence which was entered by the trial court following a re-sentencing hearing granted pursuant to Smith's rule 3.850 motion. See Fla. R.Crim. P. 3.850. Concluding that the trial court erred by failing to consider Smith's contention that his guidelines scoresheet erroneously included two misdemeanors which did not result in convictions, we vacate the sentencing order and remand for re-sentencing.

Smith was convicted...

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