MYRTLE PETRAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that even though points were erroneously added to the defendant's scoresheet, the sentence imposed was still within the permissible range.
The defendant pled guilty to issuing a worthless check and appealed her sentence, arguing the trial court erred in calculating her scoresheet by inclu…
The full statement of facts, procedural history, and disposition for this case are member content.
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SHARP, Judge.
Petras appeals from her sentence of two years community control on condition she serve sixty days in county jail, followed by three years probation. She pled guilty to one charge of knowingly issuing a worthless check.1 She claims the trial court erred in computing her scoresheet under the guidelines2 by adding twenty points for four prior misdemeanor convictions under “prior convictions for Category 6 offenses.” We agree that this was erroneous,3 but we affirm because the sentence was one the trial judge could have imposed had the twenty points not been included.
Absent the erroneously included twenty points, Petras’ score would have been twenty-five, which would have placed her in the first bracket of the sentencing guidelines, “any nonstate prison sanction.” Community control is in our view a possible nonstate prison sanction.4 We acknowledge a conflict with our sister court on this point.5 This conflict will soon be resolved by the amendments to Rule 3.701(d)(13) and its committee note, which take effect July 1, 1986, subject to approval by the Legislature.6 Further, we find no error in the trial judge’s imposition of a sentence combining community control and probation.7
AFFIRMED.
COBB, C.J., concurs.
DAUKSCH, J., dissents without opinion.
. § 832.05(4)(a), Fla.Stat. (1983).
. Fla.R.Crim.P. 3.701.
. Bordeaux v. State, 471 So. 2d 1353 (Fla. 1st DCA 1985). Only felonies should be included in this category.
. Louzon v. State, 460 So. 2d 551 (Fla. 5th DCA 1984); Davis v. State, 461 So. 2d 1003 (Fla. 1st DCA 1984).
. See Mestas v. State, 484 So. 2d 612, (Fla. 2d DCA 1986).
. The Florida Bar Re: Rules of Criminal Procedure, 11 F.L.W. 15 (Fla. Dec. 19, 1985).
. See Smith v. State, 484 So. 2d 581, (Fla.1986); Burrell v. State, 483 So. 2d 479 (Fla. 2d DCA 1986).
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Denson v. State, 556 So. 2d 823 (Fla. 1st DCA 1990)…ence. Compare Cox v. State, 550 So. 2d 1169 (Fla. 4th DCA 1989); Reed v. State, 545 So. 2d 891 (Fla. 4th DCA 1989); Chessler v. State, 467 So. 2d 1102 (Fla. 4th DCA 1985); Williams v. State, 464 So. 2d 1218 (Fla. 1st DCA 1984); with Petras v. State, 486 So. 2d 44 (Fla. 5th DCA 1986); Burrell v. State, 483 So. 2d 479 (Fla. 2d DCA 1986). As these differences in construction of the statutory provisions and criminal rule remained unreconciled at the time the supreme court amended rule 3.701 and the legislature e…
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Petras v. State, 491 So. 2d 316 (Fla. 5th DCA 1986)…when it added twenty points for four prior misdemeanor convictions under the heading “Prior Convictions for Category 6 Offenses.” An opinion was recently released by this court in answer, holding that this was in fact erroneous. See Petras v. State, 486 So. 2d 44 (Fla. 5th DCA 1986). Before our opinion was released, Petras pled guilty to a violation of community control, and an identical scoresheet was prepared, giving her a recommended sentence within the second cell range of twelve to thirty months’ comm…
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Morss v. State, 491 So. 2d 356 (Fla. 5th DCA 1986)…PER CURIAM. Affirmed. See Petras v. State, 486 So. 2d 44 (Fla.5th DCA 1986).…
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
- Smith v. State, 484 So. 2d 581 (Fla. 1986)
- Burrell v. State, 483 So. 2d 479 (Fla. 2d DCA 1986)
- Bordeaux v. State, 471 So. 2d 1353 (Fla. 1st DCA 1985)
- Davis v. State, 461 So. 2d 1003 (Fla. 1st DCA 1984)
- Mestas v. State, 484 So. 2d 612 (Fla. 2d DCA 1986)
- Claudette Lisa Louzon v. State, 460 So. 2d 551 (Fla. 5th DCA 1984)