WILLIAM WORTHINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that sentences for non-capital offenses must be vacated and remanded if a guideline scoresheet or written reasons for departure are not present in the record for appellate review.
The appellant was convicted of several felonies, including first-degree murder, armed burglary, and others. The trial court imposed sentences, includi…
The full statement of facts, procedural history, and disposition for this case are member content.
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SHARP, Judge.
Worthington appeals his convictions and sentences for first degree murder, armed burglary, burglary, second degree grand theft, forgery, uttering a forgery, and fraudulent use of a credit card.1 He was sentenced to two consecutive life sentences for murder and armed burglary, with a mandatory twenty-five years imprisonment on the murder conviction.2 Additionally, he received ten years for burglary, and four five-year terms for the other convictions, to be served concurrently with the sentence for murder. We affirm the convictions, but quash all of the sentences except the one given for first degree murder, because the record does not contain a guideline scoresheet, nor any written reasons for a “departure” sentence.3 The guidelines do not apply to capital felonies either as primary offenses or as additional offenses at conviction.4 However, a scoresheet must be prepared and utilized covering all offenses subject to guidelines sentencing which are pending before the court for sentencing.5
It appears in this case that a scoresheet was prepared, but it was inadvertently lost or misplaced. The clerk of the circuit court filed an affidavit stating that, after a careful search of the court file in this matter, no guideline scoresheet or order stating reasons for departure were found. We are unable to conduct a meaningful review of the non-capital sentences, and we therefore vacate those sentences and remand to the lower court for resentencing.
AFFIRMED; SENTENCES VACATED IN PART AND REMANDED.
DAUKSCH and COBB, JJ., concur. . §§ 782.04, 810.02(2), 810.02(3), 812.014, 831.-02 and 817.61, Fla. Stat. (1985), respectively.
. § 775.082(1), Fla. Stat. (1985).
. Fla.R.Crim.P. 3.701.d.ll.
.Fla.R.Crim.P. 3.701.C., Committee Note, 1983 Adoption (c); Davis v. State, 493 So. 2d 82 (Fla. 1st DCA 1986).
.Fla.R.Crim.P. 3.701.d.l.
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Seccia v. State, 786 So. 2d 12 (Fla. 1st DCA 2001)…xplicitly excluded from the sentencing guidelines. E.g., Nixon v. State, 572 So. 2d 1336, 1346 n. 5 (Fla.1990); Torres-Arboledo v. State, 524 So. 2d 403, 414 (Fla.1988); Norris v. State, 503 So. 2d 911, 912 (Fla. 5th DCA 1987); Worthington v. State, 501 So. 2d 75 (Fla. 5th DCA 1987); Smith v. State, 501 So. 2d 139 (Fla. 2d DCA 1987); Davis v. State, 493 So. 2d 82, 83 (Fla. 1st DCA 1986); Leopard v. State, 491 So. 2d 1284, 1286 (Fla. 1st DCA 1986). Although these cases construe the pre-1994 guidelines, those…
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Newsome v. State, 546 So. 2d 1079 (Fla. 2d DCA 1989)…ea. State v. Tait, 387 So. 2d 338 (Fla.1980). The defendant is correct, however, that a scoresheet should have been prepared for sentencing the non-capital offense, even though a capital offense was sentenced contemporaneously. Worthington v. State, 501 So. 2d 75 (Fla. 5th DCA 1987). Therefore, we vacate the sentence for grand theft and remand to the lower court for resentencing on that charge. Affirmed; sentences vacated in part and remanded. SCHOONOVER, A.C.J., and HALL and ALTENBERND, JJ., concur.…
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Laster v. State, 564 So. 2d 536 (Fla. 5th DCA 1990)…o. 2d 256 (Fla. 5th DCA 1985). Defendant next argues that the trial court erred in failing to prepare a sentencing guidelines scoresheet before imposing sentence on his conviction for lewd and lascivious assault. We agree. See Worthington v. State, 501 So. 2d 75 (Fla. 5th DCA 1987); Davis v. State, 493 So. 2d 82 (Fla. 1st DCA 1986). Accordingly, defendant’s sentence is vacated and this matter remanded for resentencing on that charge. Defendant also argues that his sentence should be reversed because the tr…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Davis v. State, 493 So. 2d 82 (Fla. 1st DCA 1986)