Holmes v. State
Holmes v. State
Opinion of the Court
In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Andre Cornelius Holmes challenges the revocation of his probation for third-degree grand theft and the resulting sentence. We affirm the revocation and the sentence without further comment. However, we remand for correction of a scrivener’s error on Holmes’ scoresheet.
In a motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), Holmes argued that his scoresheet was not properly calculated because it included twelve points for a “new felony conviction.” He points out that he did not have any new felony convictions at the time of sentencing and that the new substantive charges against him were dropped after he was sentenced on the revocation of probation. Therefore, he contends that he is entitled to be resen-tenced using a corrected scoresheet. However, while Holmes is correct that his scoresheet shows twelve points under the “Community Sanction” section for a new felony conviction, the error is a scrivener’s error rather than a substantive error.
Under the “Community Sanction” section of the Criminal Punishment Code scoresheet, a defendant may be assessed six points for each “community sanction violation,” which points are assessed for each violation of probation. See Jones v. State, 901 So.2d 255, 258 (Fla. 4th DCA 2005); Kelly v. State, 706 So.2d 396, 397 (Fla. 1st DCA 1998); see also Fla. R. Crim. P. 3.704(d)(16) (providing that com
Since this scrivener’s error does not affect the total number of points assessed on the scoresheet, Holmes is not entitled to have his sentence reversed on this basis. However, to avoid questions in future proceedings, we remand for the scrivener’s error on the scoresheet to be corrected. Holmes need not be present when this correction is made.
Affirmed, but remanded with instructions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.