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BROOKS v. STATE

No. SC06-1266.

969 So.2d 238 (2007)

James L. BROOKS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

October 25, 2007.

Attorney(s) appearing for the Case

Isaac Ramon Ruiz-Carus, Tampa, FL, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, FL; and Celia Terenzio, Bureau Chief, and Laura Fisher Zibura, Assistant Attorneys General, West Palm Beach, FL, for Respondent.

CANTERO, J.

In this case we decide which of two competing harmless error standards applies to sentencing scoresheet errors raised under Florida Rule of Criminal Procedure 3.800(a). Such motions can be filed "at any time," even long after the sentence is final, but must address errors apparent on the face of the record. The stricter "could-have-been-imposed" standard does not require resentencing if the sentence legally could have been imposed (absent a departure)...

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