LUIGI RICK ARCE
v.
THE STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court commits reversible error by assessing community sanction violation points for a new felony when a new felony was not the actual basis for the probation violation, requiring remand for resentencing.
[1] A sentencing scoresheet that includes community sanction violation points based on a new felony when the new felony was not the basis for the probation violation constitu…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the reviewing court cannot determine conclusively from the record that the trial court would have imposed the same sentence despite the erroneous scoresheet, remand for resentencing is required.”
Court's statement of the legal standard governing remand when a sentencing scoresheet contains error.
Luigi Rick Arce pleaded guilty to a probation violation. The trial court's sentencing scoresheet included 24 community sanction violation points based…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Community Sanction Violation Points cases and more on FLexlaw
Luigi Rick Arce appeals his sentence after a plea on a probation violation. The State concedes that “it was error to assess 24 community sanction violation points for a new felony when a new felony was not the basis for the violation.” As “the reviewing court cannot determine conclusively from the record that the trial court would have imposed the same sentence despite the erroneous scoresheet, remand for resentencing is required.” State v. Anderson, 905 So. 2d 111, 116 (Fla. 2005).
Reversed and remanded.