OTIS MACK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that sentencing without a guideline scoresheet is error.
Appellant pleaded guilty to cocaine offenses and was sentenced. The trial court departed from recommended guidelines without preparing a scoresheet.…
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CAMPBELL, Acting Chief Judge.
Appellant was charged on October 25, 1984, with delivery and possession of cocaine. Subsequently, on January 23, 1985, appellant was charged with possession of cocaine. He entered a written plea of guilty to delivery of cocaine in case number 84-11180, and to possession of cocaine in case number 84-14992. The state nolle prossed the possession of cocaine count in case number 84-11180. Appellant was sentenced on February 1, 1985, at which time the trial court departed from the recommended guidelines by sentencing appellant to two five-year sentences to run concurrently.
Appellant raises several issues on appeal. One of those issues requires us to reverse.
Appellant contends that the trial court erred in sentencing him without the preparation of a guideline scoresheet. A review of the record reveals that no scoresheet was included in the record. Accordingly, based on this court’s holding in Robinson v. State, 471 So. 2d 671 (Fla. 2d DCA 1985), we find it necessary to reverse and remand the instant case for resentencing. See also Myrick v. State, 461 So. 2d 1359 (Fla. 2d DCA 1985).
If departure from the guidelines is again considered, these cases may be relevant: Hendrix v. State, 475 So. 2d 1218 (Fla. 1985); Sabb v. State, 479 So. 2d 845 (Fla. 1st DCA 1985); Booker v. State, 482 So. 2d 414 (Fla. 2d DCA 1985); Dawkins v. State, 479 So. 2d 818 (Fla. 2d DCA 1985); Johnson v. State, 477 So. 2d 56 (Fla. 5th DCA 1985); Swain v. State, 455 So. 2d 533 (Fla. 1st DCA 1984); Manning v. State, 452 So. 2d 136 (Fla. 1st DCA 1984).
Reversed and remanded for resentencing.
SCHOONOVER and LEHAN, JJ., cob-cur.
Cases With Similar Vibessemantic neighbors from the corpus
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Riggins v. State, 489 So. 2d 180 (Fla. 1st DCA 1986)…ture); Fowler v. State, 482 So. 2d 602 (Fla. 5th DCA 1986) (prior record indicating defendant has not and cannot live in a nonstructured environment and a free society without violating the law is insubstantial reason for departure); Nunez v. State, 482 So. 2d 565 (Fla. 2d DCA 1986) (branding defendant an “irretrievable criminal” focused primarily on past offenses that had been factored into the scoresheet and therefore this reason could not be used as a basis for departure); and McCoy v. State, 482 So. 2d 56…
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Fabelo v. State, 488 So. 2d 915 (Fla. 2d DCA 1986)…d 790 (Fla. 4th DCA 1986). Finally, the factors surrounding the new charges of delivery and possession of cannabis are invalid grounds for departure as they relate to offenses for which no convictions were obtained. Fowler v. State, Nunez v. State, 482 So. 2d 565 (Fla. 2d DCA 1986). Moreover, we reject the written reason that these new charges occurred while the defendant was on probation, thereby showing a “lack of respect for law and order in society.” Fla.R.Crim.P. 3.701(d)(14); see also Tillman v. State,…
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McHANEY v. State, 513 So. 2d 252 (Fla. 2d DCA 1987)…rge. See § 921.001(4)(a), Fla.Stat. (1985) and Rule 3.701(d), Fla.R.Crim.P. (1987). It was, therefore, error to sentence McHaney for attempted robbery without the scoresheet. Walker v. State, 12 F.L.W. 1916 (Fla. 2d DCA Aug. 5, 1987); Mack v. State, 482 So. 2d 565 (Fla. 2d DCA 1986). On remand, the capital felony may be considered by the trial judge as a reason for departing from the guidelines. Weems v. State, 469 So. 2d 128 (Fla.1985); see Davis v. State, 493 So. 2d 82 (Fla. 1st DCA 1986). The convictions…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hendrix v. State, 475 So. 2d 1218 (Fla. 1985)
- Swain v. State, 455 So. 2d 533 (Fla. 1st DCA 1984)
- Dilar S. Booker v. State, 482 So. 2d 414 (Fla. 2d DCA 1985)
- Manning v. State, 452 So. 2d 136 (Fla. 1st DCA 1984)
- Myrick v. State, 461 So. 2d 1359 (Fla. 2d DCA 1984)
- Sabb v. State, 479 So. 2d 845 (Fla. 1st DCA 1985)
- Johnson v. State, 477 So. 2d 56 (Fla. 5th DCA 1985)
- Dawkins v. State, 479 So. 2d 818 (Fla. 2d DCA 1985)
- Jasper Robinson v. State, 471 So. 2d 671 (Fla. 2d DCA 1985)