KENNETH KINCAID, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Kenneth Kincaid challenges the inclusion of two misdemeanors on his sentencing seoresheet. The state failed to produce certified copies of the judgments of convictions after defense counsel requested them as proof of the existence of the convictions. Given the objection made and the fact that the state failed to provide any evidence of these disputed convictions, we find that they should not have been included in the seoresheet. See Blanton v. State, 546 So. 2d 1181 (Fla. 5th DCA), dismissed, 551 So. 2d 460 (Fla.1989); Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985) (where defendant disputes truth of hearsay statement contained in a presentence report, court must require state to produce corroborating evidence).
We vacate appellant’s sentence and remand the matter to the trial court. On remand, the trial court may allow the state to produce evidence that Kincaid was convicted of the misdemeanors of contributing to the delinquency of a minor and driving without a valid vehicle registration. Failure to submit adequate proof of these alleged convictions will require resentencing without the inclusion of points for them.
SENTENCE VACATED; REMANDED.
GRIFFIN, C.J., COBB and PETERSON, JJ., concur.
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Stefo P. Yankovski v. State, 785 So. 2d 1283 (Fla. 5th DCA 2001)…available as a witness and no other corroborating evidence was offered. The DOC employee’s hearsay statements cannot support the inclusion of prior convictions on the scoresheet when an objection is made by a defendant. See, e.g., Kincaid v. State, 734 So. 2d 517 (Fla. 5th DCA 1999) (disputed convictions should not have been included in score-sheet where the State failed to provide any evidence of the disputed convictions); Vance v. State, 545 So. 2d 398 (Fla. 1st DCA 1989) (where the defendant objected to t…
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Singleton v. State, 760 So. 2d 250 (Fla. 2d DCA 2000)…challenge the conviction. We reverse the sentence and remand for resentencing, because the State included on the sentencing scoresheet, over objection, convictions that were not established by certified copies of the judgments. See Kincaid v. State, 734 So. 2d 517 (Fla. 5th DCA 1999). On remand, the State may produce evidence of the prior convictions or remove them from the scoresheet. Reversed and remanded. THREADGILL, A.C.J., and ALTENBERND and GREEN, JJ„ concur.…
Authorities Cited
- Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985)
- State v. Zaiser, 546 So. 2d 1181 (Fla. 5th DCA 1989)
- Blanton v. State, 546 So. 2d 1181 (Fla. 5th DCA 1989)