White v. State

Keith L. White appeals the sentences imposed after he was found to have violated the terms of his community control. White contends, among other things, that the trial judge erroneously concluded that his criminal punishment code scoresheet mandated a minimum prison sentence of 53 months, the sentence the court imposed. White’s scoresheet actually reflected a minimum sentence of 44.4 months, absent a basis for a downward departure.

The State concedes that had the issue been properly preserved for review, it would be appropriate to remand the matter to the trial court for reconsideration. See…