JONES v. STATE (2024)

District Court of Appeal of Florida, Second District.

Steven Michael JONES, Appellant, v. STATE of Florida, Appellee.

No. 2D2023-0522

Decided: October 02, 2024

Howard L. Dimmig, II, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and J. Wade Stidham, Assistant Attorney General, Tampa, for Appellee.

Affirmed. See Tundidor v. State, 221 So. 3d 587, 605 (Fla. 2017) (“ 'In general, when the vacation of a conviction would result in changes to the defendant's scoresheet, the defendant is entitled to be resentenced using a corrected scoresheet.' However, the error is harmless if the record conclusively shows that the trial court would have imposed the same sentence using a corrected scoresheet.” (first quoting Fernandez v. State, 199 So. 3d 500, 502 (Fla. 2d DCA 2016); and then citing State v. Anderson, 905 So. 2d 111, 118 (Fla. 2005))).

PER CURIAM.

KELLY, LaROSE, and LABRIT, JJ., Concur.

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