EARL RUTLEDGE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
This cause is before us on appeal from a judgment of conviction and sentence entered in Alachua County Circuit Court. We find no merit in defendant’s first contention, which addresses the conviction. We affirm the conviction.
The defendant’s second contention is that the trial court erroneously scored the defendant’s prior misdemeanor convictions under Section III. B. of the scoresheet as “[p]rior conviction[s] for Category 6 offenses.” It is improper to calculate prior misdemeanor convictions as same-category offenses. See The Florida Bar Amendment to Rules of Criminal Procedure, 451 So. 2d 824 (Fla.1984), regarding the comment following Rule 3.701(d)(5), and Bordeaux v. State, 471 So. 2d 1353 (Fla. 1st DCA 1985). The trial court below awarded 30 points for six Category 6 offenses, four of which were misdemeanor convictions. We find that it was improper for the trial court to include the four misdemeanor convictions under Section III. B. in calculating defendant’s scoresheet.
Accordingly, defendant’s sentence is reversed and remanded for resentencing, eliminating the misdemeanor convictions from the sentencing calculations.
BOOTH, C.J., and SMITH and WENT-WORTH, JJ., concur.
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Knight v. State, 501 So. 2d 150 (Fla. 1st DCA 1987)…tegory 6 convictions included misdemeanor convictions because appellant’s prior record consists of three felony and ten misdemeanor convictions. It is improper to calculate prior misdemeanor convictions as same-category offenses. Rutledge v. State, 489 So. 2d 179 (Fla. 1st DCA 1986), and Bordeaux v. State, 471 So. 2d 1353 (Fla. 1st DCA 1985). Because appellant had only three felony convictions, he could properly have been assessed no more than 15 points for prior Category 6 convictions. This correct assessme…
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Dean v. State, 523 So. 2d 165 (Fla. 1st DCA 1988)…r terms in both cases. The trial court gave three written reasons for departure and stated it would have departed for any one of these reasons. We agree with appellant that misdemeanors cannot be scored as same-category offenses. Rutledge v. State, 489 So. 2d 179 (Fla. 1st DCA 1986). Thus, the trial court should eliminate the ten points scored under Section III B of the guidelines score-sheet. The elimination of these points will not move appellant into a different sentencing guidelines range. Appellant arg…
Authorities Cited
- THE Fla. BAR: Amendment to Rules of Crim. Procedure (3.701, 451 So. 2d 824 (Fla. 1984)
- Bordeaux v. State, 471 So. 2d 1353 (Fla. 1st DCA 1985)