Summary
rejecting this harmless error argument and holding that only where the appellate court is convinced the trial court would have imposed the same sentence, notwithstanding the scoresheet error, will the sentence be affirmed as harmless
Summary of this case from Jefferson v. StateOpinion
No. 77970.
October 10, 1991.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions, First District — Case No. 90-2367 (Bay County).
Robert A. Butterworth, Atty. Gen., and Charlie McCoy, Asst. Atty. Gen., Tallahassee, for petitioner.
Nancy A. Daniels, Public Defender, and Glen P. Gifford, Asst. Public Defender, Tallahassee, for respondent.
We have for review Sellers v. State, 578 So.2d 339 (Fla. 1st DCA 1991), in which the First District Court of Appeal certified direct conflict with Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990), and Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
We recently held in Flowers v. State, 586 So.2d 1058 (Fla. 1991), that legal constraint points are to be assessed once in calculating sentencing scoresheets for offenses committed while on legal constraint. Accordingly, we approve of the decision below.
It is so ordered.
SHAW, C.J., and OVERTON, McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.