ABRAHAM S. BROOKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that sentencing a defendant for offenses subject to the sentencing guidelines without a scoresheet is reversible error, even if not raised below or if sentences run concurrently.
Defendant was convicted of capital sexual battery, lewd assault, and false imprisonment. The trial court imposed sentences for lewd assault and false …
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MILLS, Judge.
Brooks appeals from convictions and sentences for capital sexual battery, lewd assault upon a child, and false imprisonment. We find no merit in Brooks’ argument concerning the testimony of the victim. We find, however, that the trial court erred in sentencing Brooks for lewd assault and false imprisonment without the benefit of a sentencing guidelines scoresheet.
For capital sexual battery, the trial court sentenced Brooks to life in prison with a mandatory minimum sentence of 25 years. The trial court also imposed concurrent prison sentences of 15 years for lewd assault and 5 years for false imprisonment. No scoresheet was prepared, but defense counsel did not object when the lesser sentences were imposed without regard to the sentencing guidelines.
We held in Uptagrafft v. State, 499 So. 2d 33 (Fla. 1st DCA 1986), that it is reversible error for the trial court to sentence a defendant for offenses subject to the sentencing guidelines without first approving a sentencing guidelines scoresheet as required by Florida Rule of Criminal Procedure 3.701(d)(1). We also held that the issue does not have to be raised at the trial level to be considered on appeal, and that the issue is not rendered moot when the improperly imposed sentences run concurrently with a greater and properly imposed mandatory minimum sentence.
We therefore vacate the sentences for lewd assault and false imprisonment on authority of Uptagrafft, and remand for resentencing after preparation and approval of a sentencing guidelines scoresheet. All convictions and the sentence for sexual battery are affirmed.
ERVIN and WIGGINTON, JJ., concur.
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Holton v. State, 573 So. 2d 284 (Fla. 1990)…ects otherwise. The sentencing judge shall approve all scoresheets. Thus, rule 3.701(d)(1) mandates that a sentence be imposed based on a sentencing [*291] guidelines scoresheet that has been reviewed by the trial judge. See, e.g., Brooks v. State, 505 So. 2d 639 (Fla. 1st DCA 1987); Sanchez v. State, 480 So. 2d 704 (Fla. 3d DCA 1985); Barr v. State, 474 So. 2d 417 (Fla. 2d DCA 1985). Therefore, we vacate Holton’s sentences for sexual battery and arson and remand for resen-tencing after a guidelines scoreshe…
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Redmon v. State, 546 So. 2d 1138 (Fla. 3d DCA 1989)…erred in sentencing him on the non-capital crimes for which he was convicted without benefit of a sentencing scoresheet. We entirely agree; indeed, the state confesses error on this point. Lamb v. State, 532 So. 2d 1051 (Fla.1988); Brooks v. State, 505 So. 2d 639 (Fla. 1st DCA 1987). The final judgments of conviction and consecutive life sentences for capital sexual battery (three counts) are therefore affirmed. The remaining final judgments of conviction are also affirmed, but the sentences imposed thereu…
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Groover v. State, 579 So. 2d 343 (Fla. 1st DCA 1991)…573 So. 2d 284 (Fla.1991), Florida Rule of Criminal Procedure 3.701(d)(1) provides that a scoresheet shall be prepared and that any sentence must be imposed based on the scoresheet that has been reviewed by the trial judge. See also Brooks v. State, 505 So. 2d 639 (Fla. 1st DCA 1987). Therefore, we vacate appellant’s sentence and remand for resen-tencing after preparation of a scoresheet which is considered by the trial judge. ERVIN, J., and WENTWORTH, Senior Judge, concur.…
Authorities Cited
- Hampton v. State, 499 So. 2d 33 (Fla. 1st DCA 1986)