FLORINE ADAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
The court held that the absence of a scoresheet for sentencing requires reversal and remand, and that the defendant must be given the opportunity to select guideline sentencing for pre-guideline offenses.
The defendant appealed her sentence, arguing the trial court departed from presumptive sentences without clear and convincing reasons. The trial court…
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 Scoresheet Preparation cases and more on FLexlaw
PER CURIAM.
Defendant appeals from her sentencing following three separate convictions, contending that the trial court specifically departed from the presumptive sentences under the sentencing guidelines and that there were no clear and convincing reasons therefor. Included among the trial court’s reasons for departing from the guidelines were the statements, which are supported by the record, that:
The defendant has displayed a pattern of behavior which reflects a flagrant disregard for the Criminal Justice System and has clearly demonstrated that she is not able to meet the requirements of her many periods of probation. The defendant has shown no intention of discontinuing her long string of bad checks, the restitution of which is in the sum of several thousand dollars.
Were that the only error raised, we could affirm. See Pentaude v. State, 478 So. 2d 1147 (Fla. 1st DCA 1985); Booker v. State, 482 So. 2d 414 (Fla. 2d DCA 1985).
However, we note that no score-sheet was prepared for the sentencing of defendant in any of these cases. Therefore, we reverse and remand for resentencing. See Myrick v. State, 461 So. 2d 1359 (Fla. 2d DCA 1984); Doby v. State, 461 So. 2d 1360 (Fla. 2d DCA 1984).
Before sentencing may take place in case number 81-1654, involving revocation of probation which was imposed for an offense occurring before the adoption of the sentencing guidelines, defendant must be given the opportunity to affirmatively select to be sentenced under the guidelines. State v. Milton, 475 So. 2d 670 (Fla.1985).
Reversed and remanded for resentencing.
CAMPBELL, A.C.J., and LEHAN and HALL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
ABT v. State, 528 So. 2d 112 (Fla. 4th DCA 1988)…ence would be odious and repugnant to our sense of justice and not commensurate with the seriousness of the crime. 4. This defendant has, by his acts and history, exhibited a flagrant disreguard (sic) for the criminal justice system. Adams v State, 483 So2d 121 [Fla. 2nd DCA 1986]. He has been and is a threat to society. Middleton v. State, 489 So2d 201 [Fla. 2nd DCA 1986]. The suggested guidelines sentence is insufficient for his rehabilitation or deterence (sic). Baldwin v State, 494 So2d 503 [Fla. 4th D…
-
Riggins v. State, 489 So. 2d 180 (Fla. 1st DCA 1986)…the trial court’s departure if the reason is based on a defendant’s long history of a particular type of crime (burglary) and failure to rehabilitate despite past probation. Dohn v. State, 482 So. 2d 564 (Fla. 2d DCA 1986). See also, Adams v. State, 483 So. 2d 121 (Fla. 2d DCA 1986) (departure is valid where defendant has displayed a pattern of behavior which reflects a flagrant disregard of the criminal justice system, is not able to meet the requirements of her many periods of probation, and has shown no in…
-
Wright v. State, 492 So. 2d 394 (Fla. 1st DCA 1986)…on to the right to elect guideline sentencing when sentencing occurs after the October 1, 1983 effective date of the guidelines. Query v. State, 455 So. 2d 554 (Fla. 1st DCA 1984); Knight v. State, 455 So. 2d 457 (Fla. 1st DCA 1984); Adams v. State, 483 So. 2d 121 (Fla. 2d DCA 1986); Chippas v. State, 482 So. 2d 528 (Fla. 5th DCA 1986). Since Wright’s motion for post-conviction relief presents a facial allegation of ineffective assistance of counsel, we reverse and remand with directions to the trial court…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dilar S. Booker v. State, 482 So. 2d 414 (Fla. 2d DCA 1985)
- Myrick v. State, 461 So. 2d 1359 (Fla. 2d DCA 1984)
- Doby v. State, 461 So. 2d 1360 (Fla. 2d DCA 1984)
- Miranda v. Hance Constr. Co., 478 So. 2d 1147 (Fla. 1st DCA 1985)
- State v. Milton, 475 So. 2d 670 (Fla. 1985)