Smith v. State

Appellant, Ben Smith, Jr. (defendant), appeals the denial of his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a), alleging that he was not sentenced in accordance with sentencing guidelines because of a scoresheet error. Defendant was originally sentenced to concurrent sentences of twenty-two years for two second-degree felonies of sale of cocaine, and ten years for one third-degree felony of sale of counterfeit controlled substance. We reverse and remand for resen-tencing because, as the state concedes and we agree, the third-degree felony of sale…