ELVIN RICHARD THOMPSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Guidelines Scoresheet cases and more on FLexlaw
PER CURIAM.
The sentence imposed below is vacated and the cause remanded for resentencing on a properly calculated guidelines scoresheet. See Gordon v. State, 572 So. 2d 33 (Fla. 4th DCA 1991); Dawson v. State, 532 So. 2d 89 (Fla. 4th DCA 1988). Since the defendant was subject only to a mutual restraining order in his dissolution proceeding, points may not be included for “legal status” under section 3.701 d 6, Florida Rules of Criminal Procedure, see daggers v. State, 509 So. 2d 1165 (Fla. 1st DCA 1987), aff'd, 526 So. 2d 682 (Fla.1988); Mize v. State, 495 So. 2d 845 (Fla. 3d DCA 1986). Moreover, only such prior convictions as are determined valid and appropriate by the trial court shall be scored. See Brantley v. State, 570 So. 2d 364 (Fla. 3d DCA 1990), cause dismissed, 576 So. 2d 285 (Fla.1990).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Randolph v. State, 622 So. 2d 127 (Fla. 5th DCA 1993)…TIME OF OFFENSE” because the defendant was under a restraining order at the time that he committed the instant offenses.2 However, the violation of a restraining order does not support the addition of legal constraint points. See Thompson v. State, 585 So. 2d 1130 (Fla.3d DCA 1991). The erroneous addition of these points bumped the recommended range of 3V2 to 4¾⅛ years’ incarceration up to the next cell of 5V2 to 7 years, with a concomitant increase in the permitted range of 2½ to 5V2 years’ incarceration up…
-
Ira Cliton Morris v. State, 701 So. 2d 1268 (Fla. 3d DCA 1997)…. 3d DCA 1989). Accordingly, we remand to verify the accuracy of the prior convictions, recalculate the sentencing score-sheet if required, and if also required, resen-tence the defendant pursuant to the sentencing guidelines. See Thompson v. State, 585 So. 2d 1130 (Fla. 3d DCA 1991); Brantley v. State 570 So. 2d 364 (Fla. 3d DCA), cause dismissed, 576 So. 2d 285 (Fla.1990). Reversed and remanded.…
Authorities Cited
- State v. Jaggers, 526 So. 2d 682 (Fla. 1988)
- Glassman v. O'Grady, 532 So. 2d 89 (Fla. 3d DCA 1988)
- Dawson v. State, 532 So. 2d 89 (Fla. 4th DCA 1988)
- Jaggers v. State, 509 So. 2d 1165 (Fla. 1st DCA 1987)
- Stooksbury v. State, 495 So. 2d 845 (Fla. 3d DCA 1986)
- Mize v. State, 495 So. 2d 845 (Fla. 3d DCA 1986)
- Cary Brantley v. State, 570 So. 2d 364 (Fla. 3d DCA 1990)
- Wilson v. State, 572 So. 2d 33 (Fla. 4th DCA 1991)
- Gordon v. State, 572 So. 2d 33 (Fla. 4th DCA 1991)