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Moore v. State

District Court of Appeal of Florida, First District
Dec 17, 1990
570 So. 2d 1148 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-3255.

December 17, 1990.

Appeal from the Circuit Court for Bay County; Judge Clinton Foster.

Barbara M. Linthicum, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Charlie McCoy, Asst. Atty. Gen., Tallahassee, for appellee.


Because Moore has already served the incarcerative portion of his probationary split sentence, we affirm, but note that the sentencing guidelines scoresheet utilized incorrectly included 18 additional points in the "Prior Record" portion for felonies which were committed after Moore was convicted. Torres v. State, 544 So.2d 1100 (Fla. 2d DCA 1989). Any error is moot, however, as Moore has already been released from incarceration and the trial court's error resulted in Moore serving a lesser amount of time on probation than would have been possible under a corrected scoresheet.

AFFIRMED.

ERVIN, BOOTH and BARFIELD, JJ., concur.


Summaries of

Moore v. State

District Court of Appeal of Florida, First District
Dec 17, 1990
570 So. 2d 1148 (Fla. Dist. Ct. App. 1990)
Case details for

Moore v. State

Case Details

Full title:MICHAEL R. MOORE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 17, 1990

Citations

570 So. 2d 1148 (Fla. Dist. Ct. App. 1990)