Opinion
No. 91270.
September 24, 1998. Rehearing Denied December 8, 1998.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions Third District — Case No. 96-2724 (Dade County).
Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, Miami, for Petitioner.
Ira N. Loewy of Bierman, Shohat, Loewy, Perry Klein, P.A., Miami, for Respondent.
We have for review Rubin v. State, 697 So.2d 161 (Fla. 3d DCA 1997), which certified conflict with Hines v. State, 587 So.2d 620 (Fla. 2d DCA 1991), concerning scoresheet errors. We have jurisdiction. See art. V, § 3(b)(4).
We resolved this issue in State v. Mackey, 719 So.2d 284 (Fla. 1998), by disapproving a rule of per se reversal in cases involving scoresheet errors. To that extent, we disapproved Mackey and approved Hines. Accordingly, that portion of the district court's decision that applied the per se rule of reversal is quashed. We remand for the Third District's reconsideration of this case in light of our decision in Mackey.
It is so ordered.
HARDING, C.J., and OVERTON, SHAW, KOGAN, WELLS, ANSTEAD and PARIENTE, JJ., concur.