Johnson v. State

Full title: BENNIE JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: May 13, 1998

709 So. 2d 203 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-1544

Opinion filed May 13, 1998. JANUARY TERM 1998

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus, Judge; L.T. Case No. 97-01544.

Richard L. Jorandby, Public Defender, and Peggy Natale, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Aubin Wade Robinson, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Bennie Johnson appeals his conviction for dealing in stolen property and the resulting eight year prison sentence. We affirm appellant's conviction. The sentencing guidelines scoresheet contains an error in the calculation of sentencing points that resulted in a sentence outside the guidelines range. However, appellant failed to raise this issue before the trial court. Therefore, we affirm appellant's sentence without prejudice to seek relief from the trial court pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. See Fla. R. App. P. 9.140(d); Fla. R. Crim. P. 3.800(b); § 924.051(3), Fla. Stat. (Supp. 1996); Harriel v. State, No. 97-1866, 1998 WL 171495 (Fla. 4th DCA Apr. 15, 1998);Jennings v. State, 704 So.2d 1078 (Fla. 4th DCA 1997). See also Hernandez v. State, 698 So.2d 906, 907 (Fla. 4th DCA 1997) ("An erroneous calculation apparent on the face of the scoresheet is reviewable under rule 3.800[a].").

AFFIRMED.

GLICKSTEIN, DELL and GUNTHER, JJ., concur.