(DOWNLOAD) "State V. Anderson" by Supreme Court of Florida ~ eBook PDF Kindle ePub Free
eBook details
- Title: State V. Anderson
- Author : Supreme Court of Florida
- Release Date : January 16, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Faced with dueling tests, we must decide which harmless error standard applies in determining whether a scoresheet error requires resentencing. In this case, the district court, consistent with its prior cases―and with the test used in other districts―used a would-have-been-imposed test. Under that test, a scoresheet error requires resentencing unless the record conclusively shows that the same sentence would have been imposed using a correct scoresheet. See Anderson v. State, 865 So. 2d 640, 642 (Fla. 2d DCA 2004). The court certified conflict with Hummel v. State, 782 So. 2d 450 (Fla. 1st DCA 2001), which applied a could-have-been-imposed test. Under that test, scoresheet error does not require resentencing if the sentence could have been imposed (absent a departure) with a correct scoresheet.*fn1 This test is much more difficult for a defendant to meet. We have jurisdiction, see art. V, § 3(b)(4), Fla. Const., and granted review to resolve the conflict. See State v. Anderson, 879 So. 2d 624 (Fla. 2004) (granting review).
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