Testerman v. State
Testerman v. State
Opinion of the Court
Defendant appeals his convictions and sentencing for grand theft and dealing in stolen property.
We reverse the conviction for grand theft. The trial court orally adjudicated defendant guilty of only dealing in stolen property. See Beal v. State, 478 So.2d 401 (Fla. 2d DCA 1985).
We also reverse and remand for resentencing because, as explained below, the scoresheet total was incorrectly calculated. Defense counsel’s failure to object at sentencing does not foreclose appellate review. See State v. Whitfield, 487 So.2d 1045 (Fla. 1986).
Since, as we have said, defendant should not have been adjudicated guilty of grand theft, it was error to include three points on the scoresheet for that conviction. It was error to include 75 points under Section III-B for prior Category 6 offenses. As defendant argues, the scoresheet itself shows that defendant had only three prior
Reversed and remanded for resentencing in accordance with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.