DAVID D. STACEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the appellant's convictions but remanded for resentencing because the state failed to provide corroborating evidence for disputed prior felony convictions used in sentencing.
[1] A guidelines amendment cannot be applied retroactively if such application is contrary to established case law.
[2] Where a defendant disputes the truth of hearsay statements in a presentence investigation report material to statutory findings, the state must produce corroborating evid…
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted of assault, aggravated assault, battery on a police officer, and resisting arrest. At sentencing, the appellant disputed three…
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WIGGINTON, Judge.
Appellant appeals a judgment and sentence, entered after jury trial, in which he was found guilty of assault, aggravated assault, battery on a police officer, and resisting arrest with violence. He was sentenced to time served on the first count and to three concurrent five-year terms on the remaining counts. We have considered appellant’s arguments on appeal in regard to his convictions, find them to be without merit and affirm his convictions.
Appellant also has raised several issues regarding his guidelines sentencing under Florida Rule of Criminal Procedure 3.701. His argument that a guidelines amendment cannot be applied retroactively has been resolved contrary to his position in State v. Jackson, 478 So. 2d 1054 (Fla.1985) and in this Court’s opinion in Wilkerson v. State, 480 So. 2d 213 (Fla. 1st DCA 1985).
One sentencing issue raised by appellant does require a remand for further proceedings. The presentence investigation report prepared on appellant stated that he has ten prior felony convictions in the State of Georgia. His scoresheet was prepared counting all of those prior convictions. However, at the sentencing hearing, defense counsel challenged three of those prior convictions and the State offered no independent corroborating evidence of those convictions. In Davis v. State, 463 So. 2d 398 (Fla. 1st DCA 1985), this Court declared:
Where the defendant disputes the truth of hearsay statements contained in pre-sentence investigation reports, which would be material to the statutory findings which the trial court is required to make, the court must require the state to produce corroborating evidence. Eutsey v. State, 383 So. 2d 219 (Fla.1980). We find this standard applies to sentencing guidelines cases.
Accordingly, as in Davis, this cause is remanded for a new sentencing hearing and such resentencing as may be required.
AFFIRMED in part and REMANDED for further proceedings consistent herewith.
ERVIN, J., and McCORD, GUYTE P., Jr. (Ret.), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McKAY v. State, 504 So. 2d 1280 (Fla. 1st DCA 1986)…n its conclusion that, where the defendant does not dispute the truth of the listed convictions, the state is not required to come forward with corroboration thereof. Wright v. State, 476 So. 2d 325, 327 (Fla. 2d DCA 1985). See also Stacey v. State, 483 So. 2d 542 (Fla. 1st DCA 1986); Baker v. State, 493 So. 2d 515 (Fla. 1st DCA 1986); Olivera v. State, 494 So. 2d 298 (Fla. 1st DCA 1986). Affirmed. SHIVERS and JOANOS, JJ„ concur.…
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Minnis v. State, 505 So. 2d 17 (Fla. 3d DCA 1987)…orroboration. See Brown v. State, 473 So. 2d 1260, 1266 (Fla.), cert. denied, — U.S. —, 106 S.Ct. 607, 88 L.Ed.2d 585 (1985); Eutsey v. State, 383 So. 2d 219 (Fla.1980); Thompson v. State, 478 So. 2d 462, 464 (Fla. 1st DCA 1985); cf Stacey v. State, 483 So. 2d 542 (Fla. 1st DCA 1986) (Where defendant disputes the truthfulness of the statements concerning prior convictions and state offers no corroboration whatever, remand for corroboration is required.); Morris v. State, 483 So. 2d 525 (Fla. 5th DCA 1986) (sa…
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Camp v. State, 501 So. 2d 81 (Fla. 1st DCA 1987)…ial judge should have directed the state to produce corroborating evidence concerning appellant’s prior convictions and his parole status at the time of commission of the instant offenses. Eutsey v. State, 383 So. 2d 219 (Fla.1980); Stacey v. State, 483 So. 2d 542 (Fla. 1st DCA 1986); Davis v. State, 463 So. 2d 398 (Fla. 1st DCA 1985). A valid hearsay objection cannot be overcome by the expedient of having the proponent of the hearsay (in this case, the PSI/score-sheet preparer) simply repeat his hearsay evid…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Fredford James Eutsey v. State, 383 So. 2d 219 (Fla. 1980)
- Davis v. State, 463 So. 2d 398 (Fla. 1st DCA 1985)
- Wilkerson v. State, 480 So. 2d 213 (Fla. 1st DCA 1985)