PIRIE v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Matthew PIRIE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-3123

Decided: December 27, 2019

Matthew Pirie, Live Oak, pro se. Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Daytona Beach, Assistant Attorney General, Daytona Beach, for Appellee.

Matthew Pirie appeals the denial of his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). Pirie argues that, following the vacation of one of his two convictions in this case, he was entitled to be resentenced under a corrected scoresheet. We agree. See Pierce v. State, 281 So. 3d 569, 570 (Fla. 5th DCA 2019) and Termitus v State, 279 So. 3d 324, 326–27 (Fla. 5th DCA 2019).

Accordingly, the summary denial of Pirie's 3.800(a) motion is reversed and this case is remanded for resentencing under a scoresheet that does not include Pirie's vacated conviction.

REVERSED and REMANDED for resentencing under a recalculated scoresheet.

PER CURIAM

EDWARDS, HARRIS and TRAVER, JJ., concur.

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