CRUZ v. STATE

No. 4D03-2173.

884 So.2d 105 (2004)

Jorge CRUZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 16, 2004.


Attorney(s) appearing for the Case

Gary Kollin of Gary Kollin, P.A., Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

We affirm appellant's conviction, but reverse for resentencing. His scoresheet incorrectly included points for burglary of a dwelling even though he was convicted of burglary, and contained other errors.

Appellant moved to correct his sentence under rule 3.800(b)(2), and a successor judge corrected his scoresheet by reducing the total sentence points from 67.8 to 28.4, but refused to order a resentencing hearing. She reasoned that the five-year sentence...

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