We affirm the denial of appellant's motion for postconviction relief after an evidentiary hearing. See Fla. R. Crim. P. 3.850.
However, we remand for resentencing. In Baptiste v. State , 165 So.3d 746 (Fla. 4th DCA 2015), we held that appellant's convictions for home invasion robbery and burglary arising from a single criminal episode violated double jeopardy. On remand, the burglary conviction was vacated in February, 2016. The record does not reflect whether appellant was resentenced with a corrected scoresheet that does not include the burglary conviction. Appellant is entitled to be sentenced with a new scoresheet. See Fernandez v. State , 199 So.3d 500, 502 (Fla. 2d DCA 2016). We note that there is no record evidence that the court would have imposed the same sentence with a different scoresheet. Cf. Tundidor v. State , 221 So.3d 587, 605-07 (Fla. 2017).
Remanded for resentencing.
Gerber, C.J., Gross and May, JJ., concur.