BOYD WARE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court vacated the sentence for aggravated battery because the trial court relied on an uncorroborated FBI rap sheet to establish prior convictions without requiring the state to provide proper corroborating evidence.
A trial court must require the state to produce proper corroborating evidence of prior convictions used in sentencing guidelines calculations rather than relying solely on an uncorroborated FBI rap sheet.
[1] Prior convictions used in sentencing guidelines calculations must be corroborated by proper evidence from the state rather than by an uncorroborated FBI rap sheet bearing…
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Join FLexlaw to unlock all legal intelligence“Since neither fingerprints nor an identifying number which is indexed in our files accompanied your request, F.B.I. cannot guarantee in any manner that this material concerns the individual in whom you are interested.”
The FBI rap sheet disclaimer that undermined its reliability as corroboration for prior convictions.
Appellant was convicted of aggravated battery and sentenced to fifteen years based on a sentencing guideline scoresheet that included two prior first-…
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PER CURIAM.
Appellant was convicted of aggravated battery, a second degree felony, and sentenced to the maximum of fifteen years on a sentencing guideline scoresheet with a recommended range of twelve to seventeen years. Only the sentence is appealed.
At the sentencing hearing appellant disputed the accuracy of the scoresheet, and in particular the prior record showing two prior convictions for first degree felonies, one of which was punishable by life. Despite appellant’s contention, the court did not require the state to provide corroboration of the prior convictions, but relied upon an F.B.I. rap sheet which bore the legend, “Since neither fingerprints nor an identifying number which is indexed in our files accompanied your request, F.B.I. cannot guarantee in any manner that this material concerns the individual in whom you are interested.” We vacate the sentence and remand to the trial court for imposition of a new sentence after a further sentencing hearing at which the state shall be required to produce proper corroborating evidence as to the disputed prior convictions. L’Homme v. State, 518 So. 2d 408 (Fla. 1st DCA 1988); Camp v. State, 501 So. 2d 81 (Fla. 1st DCA 1987); Smelley v. State, 500 So. 2d 318 (Fla. 1st DCA 1986).
Sentence vacated and cause remanded for resentencing.
ANSTEAD and WALDEN, JJ., and OWEN, WILLIAM C., Jr., (Retired), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mulligan v. State, 566 So. 2d 76 (Fla. 4th DCA 1990)…, appellant challenged the accuracy of his 1981 convictions in Baltimore, Maryland. The state’s failure to provide corroborating evidence of those convictions also necessitates a remand to produce an accurate, corroborated scoresheet. Ware v. State, 541 So. 2d 786 (Fla. 4th DCA 1989); L’Homme v. State, 518 So. 2d 408 (Fla. 1st DCA 1988); Baker v. State, 493 So. 2d 515 (Fla. 1st DCA 1986); Delaine v. State, 486 So. 2d 39 (Fla. 2d DCA 1986). Affirmed as to conviction, reversed as to sentence and remanded for…
Authorities Cited
- Smelley v. State, 500 So. 2d 318 (Fla. 1st DCA 1986)
- Camp v. State, 501 So. 2d 81 (Fla. 1st DCA 1987)
- L'Homme v. State, 518 So. 2d 408 (Fla. 1st DCA 1988)