JEROME PERRY WARING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court did not err in revoking probation based on the supported allegation, but did err in sentencing without a guidelines scoresheet or written reasons for departure.
Appellant was convicted of dealing in stolen property and sentenced to fifteen years. The trial court revoked his probation based on an affidavit alle…
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PER CURIAM.
Appellant, Jerome Perry Waring, appeals his judgment and fifteen-year sentence for dealing in stolen property. The issues before this court are whether the trial court erred in revoking appellant’s probation and whether it was error to sentence appellant without a sentencing guidelines scoresheet or written reasons for departure. We affirm appellant’s conviction and remand to the trial court for resentencing.
The affidavit of violation of probation alleged that appellant violated the conditions of his probation by: (1) failing to file monthly reports, (2) failing to pay costs of supervision, (3) absconding from probation, (4) breaking into a school, (5) theft of meat there, (6) breaking into a home, (7) theft of a television there, (8) burglary of a liquor truck, and (9) failing to pay ordered court costs.
We find that the only allegation supported by evidence is the theft of meat from the school. Appellant, after being advised of his rights, confessed to a police officer that he helped load the stolen meat. The confession, in itself, is sufficient for revocation of probation purposes. The level of evidence required to support a revocation of probation does not call for evidence sufficient to support a criminal conviction. James v. State, 452 So. 2d 1048 (Fla.2d DCA 1984), State ex rel. Russell v. McGlothin, 427 So. 2d 280 (Fla. 2d DCA 1983).
We strike the invalid reasons for revocation of appellant’s probation and affirm the trial court’s order. See Smith v. State, 380 So. 2d 1175 (Fla. 4th DCA 1980).
In view of the trial court’s failure to file a sentencing guidelines scoresheet and to provide written reasons for departure from the guidelines, we remand this action for resentencing. State v. Jackson, 478 So. 2d 1054 (Fla.1985).
LEHAN, A.C.J., SANDERLIN, J., and BOARDMAN, EDWARD F. (Ret), J., concur.
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Bain v. State, 519 So. 2d 45 (Fla. 4th DCA 1988)…viation from the guidelines and remand for resentencing. See State v. Boynton, 478 So. 2d 351 (Fla.1985), cert, denied, 475 U.S. 1029, 106 S.Ct. 1232, 89 L.Ed.2d 341 (1986); Deegan v. State, 503 [*46] So. 2d 970 (Fla. 4th DCA 1987); Waring v. State, 504 So. 2d 786 (Fla. 2d DCA 1987). DELL, WALDEN and STONE, JJ., concur.…
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Shipley v. State, 509 So. 2d 1328 (Fla. 2d DCA 1987)…g. Leverson v. State, 502 So. 2d 1320 (Fla. 1st DCA 1987). Thus, the trial court’s failure to prepare a scoresheet and written reasons for departure requires that Shipley be resentenced in connection with the armed burglary offense. Waring v. State, 504 So. 2d 786 (Fla. 2d DCA 1987); Leverson. The armed burglary sentence should be imposed within the guidelines unless the trial court provides valid written reasons for departure; that sentence is, of course, to run concurrently with the corrected sentences impo…
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Underwood v. State, 947 So. 2d 1273 (Fla. 5th DCA 2007)…ndition (5). Underwood’s admission that he had been convicted in Kentucky of a criminal trespass committed on November 12, 2003, was sufficient to support the trial court’s decision. See Stevens v. State, 409 So. 2d 1051 (Fla.1982); Waring v. State, 504 So. 2d 786 (Fla. 2d DCA 1987); State ex rel. Russell v. McGlothin, 427 So. 2d 280 (Fla. 2d DCA 1983); Suarez v. State, 391 So. 2d 343 (Fla. 5th DCA 1980). Although we find the evidence was insufficient to support the trial court’s finding as to condition (8),…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Allen v. State, 427 So. 2d 280 (Fla. 2d DCA 1983)
- Smith v. State, 380 So. 2d 1175 (Fla. 4th DCA 1980)
- The Major Grp. OF W. Coast Fla., Inc. v. Cunningham, 452 So. 2d 1048 (Fla. 2d DCA 1984)
- James v. State, 452 So. 2d 1048 (Fla. 2d DCA 1984)