Perez v. State

FULMER, Judge.

Jorge Luis Perez appeals from a resen-tencing hearing held pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000). Because the trial court erred in overruling Perez’s objection to the scoresheet calculation, we reverse.

At the resentencing, Perez’s counsel objected to the scoresheet, arguing that the scoring of prior convictions for possession, sale, and trafficking in cocaine, which arose from the same criminal transaction, violated the double jeopardy clause. The State agreed to drop the possession, but not the sale conviction from the score-sheet, relying on Gibbs v. State, 698…