JASPER ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a trial court must follow the sentencing guidelines procedure, including computing the presumptive sentence, before imposing a sentence.
The appellant violated probation and requested sentencing under the guidelines. The trial court revoked probation and imposed a sentence without first…
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FRANK, Judge.
The appellant appeals from the sentence imposed upon him, following the violation of his probationary status, for dealing in stolen property. We vacate the appellant’s sentence and remand for resentencing.
At the hearing conducted to determine whether the appellant violated his term of probation, his attorney asked that the appellant be sentenced under the guidelines. The appellant’s probation was revoked and the court sentenced him to four years incarceration.
Although the sentencing guidelines were applicable because of the appellant’s election to be sentenced in that manner, the trial court did not follow the guidelines’ procedure. See Fla.R.Crim.P. 3.701(d). An examination of the transcript of the hearing indicates that the trial judge did not have before him the sentencing scoresheet which would have provided a presumptive sentence. Even though the transcript indicates that a scoresheet might have been prepared, it is evident the trial judge improperly sentenced the appellant without first computing and thus having knowledge of the presumptive sentence. This court has recognized that without the benefit of first determining the presumptive sentence, a trial court is without sufficient data to decide whether to depart from the guidelines. See Myrick v. State, 461 So. 2d 1359 (Fla. 2d DCA 1984); see also Doby v. State, 461 So. 2d 1360 (Fla. 2d DCA 1984).
Accordingly, this case is remanded to the trial court with directions that a sentencing scoresheet be properly prepared and considered by the trial court before the imposition of a sentence.
RYDER, C.J., and OTT, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Kennedy v. State, 490 So. 2d 195 (Fla. 2d DCA 1986)…ences for aggravated battery with a firearm and attempted robbery with a firearm. The trial judge intended to deviate from the guidelines, but a review of the record indicates that he was unaware of the applicable guideline range. Robinson v. State, 471 So. 2d 671 (Fla. 2d DCA 1985). Additionally, no written statement of the reasons for departure appears in the record. State v. Jackson, 478 So. 2d 1054 (Fla.1985). At resentencing, the court should apply the three-year minimum mandatory sentence to only one of…
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Mack v. State, 482 So. 2d 565 (Fla. 2d DCA 1986)…t contends that the trial court erred in sentencing him without the preparation of a guideline scoresheet. A review of the record reveals that no scoresheet was included in the record. Accordingly, based on this court’s holding in Robinson v. State, 471 So. 2d 671 (Fla. 2d DCA 1985), we find it necessary to reverse and remand the instant case for resentencing. See also Myrick v. State, 461 So. 2d 1359 (Fla. 2d DCA 1985). If departure from the guidelines is again considered, these cases may be relevant: Hend…
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Hayes v. State, 667 So. 2d 454 (Fla. 2d DCA 1996)…Green v. State, 502 So. 2d 999 (Fla. 2d DCA 1987). Although the court apparently utilized the guidelines scoresheet once during the sentencing, we cannot determine whether the court committed a presumptive sentencing error. See Robinson v. State, 471 So. 2d 671 (Fla. 2d DCA 1985). Although the failure to file a scoresheet was deemed harmless error in Tarver v. State, 553 So. 2d 257 (Fla. 2d DCA 1989), the record here involves sentencing in two cases. It is, therefore, not clear, as it was in Tarver, that t…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Myrick v. State, 461 So. 2d 1359 (Fla. 2d DCA 1984)
- Doby v. State, 461 So. 2d 1360 (Fla. 2d DCA 1984)