JENKINS v. STATE

No. 96-0500.

687 So.2d 360 (1997)

Cedric JENKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 12, 1997.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Carol Cobourn Asbury, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

We affirm appellant's conviction but reverse appellant's sentence. The state concedes that a mathematical error was made in the scoresheet calculation. Using the correct total sentencing points would result in a recommended state prison sentence of 37 months, rather than the 40 months which was imposed.

The state urges, however, that the error is harmless, because the sentence falls within the variation permitted by Florida Rule of Criminal Procedure...

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