Hernandez v. State

Carlos Cesar Hernandez appeals the sentences imposed after revocation of community control, claiming scoresheet error. We conclude that the scoring was correct and affirm.

After revocation of community control, defendant-appellant Hernandez was sentenced to sixty months incarceration. While his appeal was pending, he filed a motion in the trial court to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). He contended, and the trial court agreed, that he was entitled to be resentenced under the 1994 sentencing guidelines.*

The trial court vacated defendant’s…