Florida District Courts of Appeal, 1998

Brinson v. State

Brinson v. State
Florida District Courts of Appeal · Decided September 23, 1998 · Campbell, Casanueva, Fulmer
718 So. 2d 343; 1998 Fla. App. LEXIS 11939; 1998 WL 718053 (Southern Reporter, Second Series)

Brinson v. State

Opinion of the Court

PER CURIAM.

We affirm the order of the trial court denying Gilbert Brinson’s motion to correct illegal sentence; his is a negotiated sentence and is not dependent upon the correctness of his guideline scoresheet. However, the trial court in its order of denial conceded Brin-son’s allegation that his guideline scoresheet erroneously denominates his primary offense at conviction as a level nine offense whereas the record confirms that it is in fact a level seven offense. We affirm the trial court’s ruling but remand for the trial court to prepare and file a corrected scoresheet and forward a copy of same to the Department of Corrections.

CAMPBELL, A.C.J., and FULMER and CASANUEVA, JJ., concur.

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