Summary
affirming appellant's sentence notwithstanding trial court's use of incorrect and erroneously calculated sentencing guidelines scoresheet, where trial court sentenced appellant pursuant to valid plea agreement
Summary of this case from Guion v. StateOpinion
No. 92-0597.
June 9, 1993. Rehearing Denied August 5, 1993.
Appeal from the Circuit Court for St. Lucie County; L.B. Vocelle, Judge.
Richard L. Jorandby, Public Defender, and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn S. Wynn, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm appellant's sentence as an adult. See § 812.13(2)(a), Fla. Stat. (1991); § 39.022(5)(c)3., Fla. Stat. (1991); Duke v. State, 541 So.2d 1170 (Fla. 1989); Ringel v. State, 352 So.2d 88 (Fla. 4th DCA 1977), adopted, 366 So.2d 758 (Fla. 1978). We also affirm appellant's sentence notwithstanding the trial court's use of an incorrect and erroneously calculated sentencing guidelines scoresheet. We reject the state's concession of error on this point because the trial court sentenced appellant pursuant to a valid plea agreement. See Gainer v. State, 590 So.2d 1001 (Fla. 1st DCA 1991).
AFFIRMED.
DELL and POLEN, JJ., and WALDEN, JAMES H., Senior Judge, concur.