SHEROD DILLARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THE COURT:
Upon consideration of the State’s motion for rehearing or certification /acknowledgment of conflict, it is ORDERED that the motion is granted. The opinion filed on July 2, 1997, is withdrawn, and the attached opinion is substituted therefor. PER CURIAM.
Sherod Dillard' challenges his sentences in three separate cases: two 1992 cases involving revocation of community control (circuit court case numbers 92-1719CF' and 92-2687CF) and a 1995 case involving a new substantive offense (circuit court case number 95-412CF). Dillard argues the trial court erred in using two scoresheets when sentencing him for the 1992 cases and the 1995 case. We affirm the sentences because two scoresheets must be used when sentencing at the same hearing for offenses committed prior to January 1, 1994, and for offenses committed on or after January 1, 1994. See Hale v. State, 698 So. 2d 1236 (Fla. 2d DCA March 12, 1997); Allen v. State, 664 So. 2d 4 (Fla. 3d DCA 1995); Norris v. State, 659 So. 2d 1352 (Fla. 5th DCA 1995).
CAMPBELL, A.C.J., and PATTERSON and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sherod Dillard v. State, 728 So. 2d 725 (Fla. 1999)…SHAW, J. We have for review Dillard v. State, 705 So. 2d 583 (Fla. 2d DCA 1997), which conflicts with State v. Tito, 616 So. 2d 39 (Fla. 1993). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve Dillard as explained below. Petitioner Sherod Dillard was sentenced to six months’ community control…
Authorities Cited
- Norris v. State, 659 So. 2d 1352 (Fla. 5th DCA 1995)
- Omega Allen v. State, 664 So. 2d 4 (Fla. 3d DCA 1995)
- Hale v. State, 698 So. 2d 1236 (Fla. 2d DCA 1997)
- Bryan v. Clayton, 698 So. 2d 1236 (Fla. 5th DCA 1997)