DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES, APPELLANT,

v.

GARY LEE ROBERTS, APPELLEE

Citator

Cited By (17 total)

• Silas v. Morris, 605 So. 2d 511 (Fla. 2d DCA 1992)
  …ituation is somewhat more complicated than the two foregoing eases, in that it is not clear that the Karchesky error has prejudiced him. First of all, the state appears to have given up its right to pursue a capital life sentence. Cf. Orsi v. State, 515 So. 2d 268 (Fla. 2d DCA 1987) (quid pro quo of plea bargain may justify guideline departure). The specific length of the sentence, including consecutive probation, was made a specific condition of the plea. Although a guideline [*514] scoresheet was prepared —…
• Louie Anthony Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA 1991)
  …the same sentence not withstanding the scoresheet error, such as where the sentence was imposed in accordance with a valid plea agreement, have the sentences been affirmed under the harmless error doctrine despite the erroneous score. Orsi v. State, 515 So. 2d 268 (Fla. 2d DCA 1987). Applying the parameters of harmless error discerned from these cases, we conclude that the erroneous scoresheet calculation in this case cannot be treated as harmless. The trial court, using the score-sheet then before it, impos…
• Wilson v. State, 622 So. 2d 529 (Fla. 2d DCA 1993)
  …error in Wilson’s guideline score-sheet. As to this the circuit court found, and we agree, that any computational error in the scoresheet is immaterial since Wilson agreed to the specific length of the sentences that he received. Cf. Orsi v. State, 515 So. 2d 268 (Fla. 2d DCA1987). There is no indication that Wilson’s plea negotiation contemplated a guideline sentence, as occurred in such cases as Cannon v. State, 548 So. 2d 1182 (Fla. 2d DCA1989). We affirm the trial court on this issue also. It is debatab…

Authorities Cited

• Dept. of Highway Safety and Motor Vehicles v. Shenk, 509 So. 2d 355 (Fla. 5th DCA 1987)