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Florida District Courts of Appeal, 2003

Hubert v. State

Hubert v. State
Florida District Courts of Appeal · Decided December 3, 2003 · Salcines, Stringer, Wallace
870 So. 2d 124; 2003 Fla. App. LEXIS 18326; 2003 WL 22848953 (Southern Reporter, Second Series)

Hubert v. State

Opinion of the Court

SALCINES, Judge.

Bobby Lee Hubert appeals from the sentence imposed pursuant to his nolo con-tendere plea to lewd or lascivious battery.1 *125He challenges only a preserved scoresheet error for which the State concedes error. The error, however, is harmless as to trial court case number 01-558-CF, the single case which is the subject of this appeal. Accordingly, we affirm without prejudice to Hubert’s right to file a motion for correction of the sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(a).

Affirmed.

STRINGER and WALLACE, JJ., Concur.

. The judgment erroneously described this offense as "lewd sexual battery.”

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