DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

FRANK J. QUARLES, III,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D2022-2265

[March 13, 2024]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Scott Suskauer, Judge; L.T. Case No. 502012CF001830A. 

Carey Haughwout, Public Defender, and Timothy Wang, Assistant 

Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Luke R. Napodano, 

Senior Assistant Attorney General, West Palm Beach, for appellee.

GERBER, J.

The defendant appeals from his convictions and sentences for seconddegree murder with a firearm, possession of a firearm by a minor, and 

carrying a concealed firearm. These convictions and sentences occurred 

after a second jury trial, which had followed our reversal of the same 

convictions from the defendant’s first trial. See generally Quarles v. State, 

290 So. 3d 505 (Fla. 4th DCA 2020).

Regarding the defendant’s convictions after his second trial, he raises 

three arguments: (1) the circuit court erred by denying his motion for 

judgment of acquittal where the state allegedly failed to present sufficient 

evidence of identity; (2) the circuit court erred by allowing the state to 

introduce evidence of a gun and ammunition which the state allegedly 

failed to connect to the shooting; and (3) the defendant was entitled to a 

twelve-person jury under the Sixth and Fourteenth Amendments. We 

conclude all three arguments lack merit, without further discussion. 

Therefore, we affirm the defendant’s convictions.
2 

Regarding the defendant’s sentences after his second trial, he argues 

the circuit court erred by denying his motion to correct sentence, which 

raised three separate arguments: (1) the twenty-five year judicial review 

provision was not included in the Florida Department of Corrections’ preprinted sentencing forms; (2) the defendant’s scoresheet incorrectly 

identified the defendant’s convictions in the instant case for possession of 

a firearm by a minor and carrying a concealed firearm, for which the 

defendant already had served the maximum sentence by the time of his 

second trial, as “additional offenses”; and (3) the defendant’s scoresheet 

incorrectly identified certain offenses – which had occurred after his 

primary offense of second-degree murder – as part of his “prior record.” 

We conclude the defendant’s first and second sentencing arguments 

lack merit, without further discussion. The state concedes error on the 

defendant’s third sentencing argument. We agree and will address briefly. 

Section 921.0021(5), Florida Statutes (2012), defines a “prior record”

as “a conviction for a crime committed by the offender, as an adult or a 

juvenile, prior to the time of the primary offense.” Florida Rule of Criminal 

Procedure 3.704(d)(14) provides the same definition. As such, “[t]he only 

offenses that may be included under ‘prior record’ are those committed by 

the offender prior to the commission of the primary offense.” Sumpter v. 

State, 838 So. 2d 615, 616 (Fla. 4th DCA 2003). 

Here, the state concedes the defendant’s scoresheet incorrectly 

identified three offenses as part of his “prior record” which the defendant 

had committed while in custody awaiting trial on the instant offenses. 

Thus, the defendant committed those offenses after his primary offense of 

second-degree murder. On remand, the circuit court shall issue a 

corrected scoresheet omitting those three latter offenses from the 

scoresheet’s “prior record” section. 

The foregoing scoresheet correction can be accomplished ministerially 

without the defendant’s presence. Therefore, we affirm the defendant’s 

sentences, but remand for the circuit court to correct the defendant’s 

scoresheet as we have directed. 

Convictions and sentences affirmed; remanded for issuance of corrected 

scoresheet as directed.

DAMOORGIAN and CIKLIN, JJ., concur. 

* * * 
3

Not final until disposition of timely filed motion for rehearing.