GREGORY MAURICE MCDONALD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WIGGINTON, Judge.
McDonald appeals from his sentence imposed under the sentencing guidelines. Based on the record before us, we find that appellant elected to be sentenced under the guidelines. Newsome v. State, 466 So. 2d 411 (Fla. 2d DCA 1985); Jordan v. State, 460 So. 2d 477 (Fla. 2d DCA 1984). However, we hold that the trial court improperly utilized two scoresheets in arriving at appellant’s sentence. Rule 3.701 d.l., Florida Rules of Criminal Procedure, explicitly states that only one scoresheet shall be prepared for each defendant covering all offenses pending before the court for sentencing. Vileta v. State, 454 So. 2d 792 (Fla. 2d DCA 1984). Accordingly, the sentence is vacated and the cause remanded for resentencing under the guideline rules in effect at the time of imposition of the original sentence. Saunders v. State, 459 So. 2d 1119 (Fla. 1st DCA 1984).
THOMPSON and NIMMONS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Baker v. State, 480 So. 2d 659 (Fla. 5th DCA 1985)…accordance with the law. One guideline sheet should be prepared, the points should be scored correctly and properly, and a legal sentence imposed. Fla.R.Crim.P. 3.701(d)(1); Gallagher v. State, 476 So. 2d 754 (Fla. 5th DCA 1985); McDonald v. State, 474 So. 2d 1261 (Fla. 1st DCA 1985); Vileta v. State, 454 So. 2d 792 (Fla. 2d DCA 1984). Strict adherence to the sentencing guidelines is required. The other convictions are affirmed. AFFIRMED in part; REVERSED in part; REMANDED. UPCHURCH and SHARP, JJ., concur.…
Authorities Cited
- Jordan v. State, 460 So. 2d 477 (Fla. 2d DCA 1984)
- Vileta v. State, 454 So. 2d 792 (Fla. 2d DCA 1984)
- Saunders v. State, 459 So. 2d 1119 (Fla. 1st DCA 1984)
- Newsome v. State, 473 So. 2d 709 (Fla. 2d DCA 1985)