JULIUS TEDDY DELAINE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court must require corroborating evidence if a defendant disputes hearsay in a presentence investigation report used for a scoresheet.
The defendant challenged the accuracy of prior convictions on his guidelines scoresheet at sentencing. The state argued the scoresheet should be presu…
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PER CURIAM.
Defendant appeals a sentence which was a departure from the recommended guidelines sentence. We reverse.
At sentencing the defense challenged the accuracy of several convictions contained in the prior record portion of the guidelines scoresheet. The state’s response was that the scoresheet would have to be presumed to be correct unless further research was done. The entries on the scoresheet about defendant’s prior record were based on the presentence investigation report. If a defendant disputes the truth of hearsay statements in a presentence investigation report, the court must require the state to produce corroborating evidence. See Eutsey v. State, 383 So. 2d 219 (Fla.1980); Davis v. State, 463 So. 2d 398 (Fla. 1st DCA 1985); Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985).
Because of the unresolved questions regarding the accuracy of the scoresheet, we cannot conclude that the trial court had a correct scoresheet before him on which to base a departure sentence. If a trial court does not know the presumptive sentence under the guidelines, the court is without sufficient information to decide whether to depart from the guidelines. See, e.g., Doby v. State, 461 So. 2d 1360 (Fla. 2d DCA 1984); Myrick v. State, 461 So. 2d 1359 (Fla. 2d DCA 1984).
Reversed and remanded for resentencing.
RYDER, C.J., arid SCHOONOVER and LEHAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lomont v. State, 506 So. 2d 1141 (Fla. 2d DCA 1987)…coresheet at the time of sentencing, it would have been necessary for the trial court to require the state to substantiate any hearsay allegations regarding Lo-mont’s record, and a failure to do so could have been raised on appeal. Delaine v. State, 486 So. 2d 39 (Fla. 2d DCA 1986). Alternatively, had Lomont advised counsel of the error, and had counsel failed to make an objection, the result might have been ineffective assistance and thus cognizable in a 3.850 motion. Lanier v. State, 478 So. 2d 1184 (Fla.…
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Frank v. State, 490 So. 2d 190 (Fla. 2d DCA 1986)…f sentencing guidelines, the ability of the court to rely upon the presentence report is not entirely clear. Presumably, the court can accept statements of fact set forth therein when they are not contradicted by the defendant. See Delaine v. State, 486 So. 2d 39 (Fla. 2d DCA 1986). It would appear, however, that recommendations for departure can only be implemented when they are supported by factors not already taken into account in the guidelines computation or not otherwise precluded from consideration by…
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Watson v. State, 591 So. 2d 951 (Fla. 2d DCA 1991)…state’s only corroboration was an illegible document. We agree. When the defense challenges prior convictions and the accuracy of the scoresheet, the state has the burden of producing competent evidence of the disputed conviction. Delaine v. State, 486 So. 2d 39 (Fla. 2d DCA 1986). Here, the document did not show the type of offense or the disposition of the case, only the appellant’s name and date were legible. Thus, the document was insufficient to prove the conviction. Since the state failed to meet its…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fredford James Eutsey v. State, 383 So. 2d 219 (Fla. 1980)
- Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985)
- Myrick v. State, 461 So. 2d 1359 (Fla. 2d DCA 1984)
- Davis v. State, 463 So. 2d 398 (Fla. 1st DCA 1985)
- Doby v. State, 461 So. 2d 1360 (Fla. 2d DCA 1984)