Garcia v. State

CONFESSION OF ERROR

Alex Garcia appeals the sentence imposed upon him on violation of probation. At the time defendant-appellant was initially placed on probation, an incorrect scoresheet was prepared. At the original sentencing hearing, the errors came to light and the score-sheet was corrected.

Subsequently, the defendant violated probation. At the violation hearing the court and the parties inadvertently used the original, uncorrected scoresheet instead of the corrected scoresheet. The uncorrected scoresheet erroneously placed the defendant i^i a higher sentencing guidelines range. The…