JAMES L. LAWRENCE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1985-06-07
No. 84-1136
OTT, A.C.J., and SCHOONOVER, J., concur.
470 So. 2d 102 Florida District Court of Appeal, Second District (1985) Positive Treatment
Cited by 6 cases

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Holding

The court held that a trial judge cannot depart from sentencing guidelines without a scoresheet to determine the presumptive sentence.

Facts & Procedural History

Appellant was found guilty of violating probation and sentenced to the maximum sentence without a guidelines scoresheet. The trial judge announced rea…

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Topics
Presumptive Sentence Guidelines Scoresheet Sentencing Guidelines Departure Probation Revocation

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Opinion of the Court
HALL, Judge.

HALL, Judge.

In 1981 appellant pled guilty to a charge of sexual battery. The court placed appellant on probation for five years. On April 27, 1984, appellant was found guilty of violating his probation. The trial judge revoked appellant's probation and announced his intention to deviate from the sentencing guidelines. The judge, without benefit of a guidelines scoresheet, sentenced appellant to fifteen years, the maximum sentence provided by law. Appellant now contends the trial judge erred in departing from the guidelines without benefit of a guidelines scoresheet.

The trial court did not follow the procedures set forth in the sentencing guidelines. See Fla.R.Crim.P. 3.701(d). In sentencing appellant to the maximum sentences without the benefit of a guidelines scoresheet, which would have provided a presumptive sentence, the court announced what purported to be reasons for departing from the guidelines. But, not knowing the presumptive sentences under the guidelines, the court was without sufficient information to decide whether to depart from the guidelines.

Accordingly, on the authority of and for the same reasons stated in Ford v. State, 467 So. 2d 832 (Fla. 2d DCA 1985); Newsome v. State, 466 So. 2d 411 (Fla. 2nd DCA 1984); Doby v. State, 461 So. 2d 1360 (Fla. 2d DCA 1984), and Myrick v. State, 461 So. 2d 1359 (Fla. 2d DCA 1984), we vacate appellant’s sentence for sexual battery imposed at his probation revocation hearing and remand for resentencing.

REVERSED and REMANDED.

OTT, A.C.J., and SCHOONOVER, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Gause v. State, 491 So. 2d 320 (Fla. 2d DCA 1986)
    …or departure does not dispense with the requirement of a scoresheet since, without knowing the presumptive sentence under the guidelines, the court is without sufficient information to decide whether to depart from the guidelines. Lawrence v. State, 470 So. 2d 102 (Fla. 2d DCA 1985); Myrick v. State, 461 So. 2d 1359 (Fla. 2d DCA 1984). No scoresheet was filed in the instant case and the record does not indicate that the trial court was aware of the presumptive sentence. Because there is no indication of wha…
  • Coleman v. State, 486 So. 2d 43 (Fla. 2d DCA 1986)
    …ant’s first two points on appeal, we do not find it necessary to address appellant’s other points on appeal; but if departure from the guidelines is again considered, the court should demonstrably refer to a guidelines scoresheet, Lawrence v. State, 470 So. 2d 102 (Fla. 2d DCA 1985), and also be guided by the following cases: Hendrix v. State, 475 So. 2d 1218 (Fla.1985); Agatone v. State, 474 So. 2d 846 (Fla. 2d DCA 1985); Cannada v. State, 472 So. 2d 1296 (Fla. 2d DCA 1985); Lindsey v. State, 453 So. 2d 485…
  • Pedrero v. State, 499 So. 2d 26 (Fla. 2d DCA 1986)
    …rial court was aware of appellant’s presumptive sentence. Barr v. State, 474 So. 2d 417 (Fla. 2d DCA 1985). The trial court, accordingly, erred in sentencing appellant and in attempting to depart from the guidelines when doing so. Lawrence v. State, 470 So. 2d 102 (Fla. 2d DCA 1985); Doby v. State, 461 So. 2d 1360 (Fla. 2d DCA 1984). Even if a scoresheet had been prepared and filed in the trial court, we would still have to remand for resentencing. The trial court orally gave one reason for departing from th…

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