Jenkins v. State

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 3.703(d)(25). See also *361§ 921.0014, 921.0016, Fla. Stat. (1995). As we stated in Shabazz v. State, 674 So.2d 920 (Fla. 4th DCA 1996), we are…