Moment v. State

ON MOTION FOR REHEARING

POLEN, J.

We initially per curiam affirmed appellant’s conviction and sentence because we, as did the trial court, believed he waived any objection to the correctness of the scoresheet used at sentencing. Prior to the revocation hearing, the court had judicially noticed the content of prior case files which indicated he had been convicted of delivery of a controlled substance. While he did not object at this time, later at sentencing he testified that he had previously been convicted of possession, not delivery. On further review, we hold that this testimony was…