GERALD BEMBOW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Bembow appeals his sentence for multiple drug offenses, arguing the trial court improperly used separate sentencesheets instead of a single scoresheet for offenses pending before the court simultaneously. The court agreed, finding that sentencing on the same day requires use of one guideline scoresheet under Florida procedural rules.
The trial court erred by using separate scoresheets. Florida Rule of Criminal Procedure 3.701(d)(1) requires a single guideline scoresheet for all offenses pending before the court for sentencing, and using separate scoresheets defeats the spirit of the rule, particularly when sentences are imposed on the same day in combined proceedings.
[1] A trial court must use a single guideline scoresheet for all offenses pending before the court for sentencing.
[2] Using separate scoresheets for offenses sentenced on the same day in combined proceedings defeats the spirit of the rule requiring a single scoresheet.
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Join FLexlaw to unlock all legal intelligence“Florida Rule of Criminal Procedure 3.701(d)(1) requires the court to use one guideline scoresheet for all offenses "pending before the court for sentencing."”
Establishes the governing procedural rule requiring unified scoresheet application
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Join FLexlaw to unlock all legal intelligenceBembow pleaded guilty to delivery of cannabis and was placed on probation in 1983. He violated probation and was sentenced to community control. In 19…
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CAMPBELL, Judge.
Appellant contends that the court improperly failed to use a single scoresheet. We agree.
Appellant, Gerald Bembow, pleaded guilty to delivery of cannabis and was placed on probation for two years. On December 2, 1983, Bembow was charged by affidavit with violating his probation for not having written monthly reports, not acquiring employment and not attending GED classes. The court revoked Bem-bow’s probation and sentenced him to two years community control.
On June 10, 1986, Bembow was charged by affidavit with having violated his community control by not filing monthly writ ten reports, not paying costs of supervision, not reporting to his community control officer, not staying at his approved residence, and selling cocaine. On October 24, 1986, Bembow pleaded guilty to two counts of delivering cocaine and two counts of possessing cocaine. The judge refused Bembow’s request that his sentence on the cocaine offenses include the 1983 violation of probation. Pursuant to a plea agreement, Bembow was adjudged guilty of the substantive offenses and sentenced to two years in prison, concurrent on each count.
At the revocation hearing, Bembow admitted that he had violated his community control. The court revoked his community control, adjudged him guilty of the original offense and sentenced him to three years in prison consecutive to the two two-year concurrent sentences previously imposed.
Florida Rule of Criminal Procedure 3.701(d)(1) requires the court to use one guideline scoresheet for all offenses “pending before the court for sentencing.” This case is analogous to Render v. State, 516 So. 2d 1085 (Fla. 2d DCA 1987), where this court said that a trial court’s decision to allow separate sentencing based on separate scoresheets defeats the spirit of the rule especially where the sentences are imposed, as here, on the same day in combined proceedings. We believe that Render controls and find, accordingly, that the trial court erred in failing to use a single scoresheet.
Our disposition of appellant’s first argument renders appellant’s second argument moot.
We, therefore, vacate appellant’s sentences and remand to the trial court to sentence appellant in accord with this opinion.
SCHEB, A.C.J., and THREADGILL, J. concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tito v. State, 593 So. 2d 284 (Fla. 2d DCA 1992)…l cases were pending for sentencing. I believe that the trial court must use a new and comprehensive scoresheet when more than one offense is pending before the court for sentencing at the same time. This is a mandatory requirement, Bembow v. State, 520 So. 2d 312 (Fla. 2d DCA 1988), and is not waived if the defendant raises no objection to the trial court’s failure to use a new scoresheet. Richardson v. State, 564 So. 2d 564 (Fla. 1st DCA 1990). The supreme court, in Clark v. State, 572 So. 2d 1387 (Fla.1991…
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Parrish v. State, 527 So. 2d 926 (Fla. 2d DCA 1988)…ars through manipulation by the state in effecting sentencing in the latter two cases separately from the first. The appellant claims this is error, citing our recent cases of Render v. State, 516 So. 2d 1085 (Fla. 2d DCA 1987), and Bembow v. State, 520 So. 2d 312 (Fla. 2d DCA 1988), which relied on Render. The appellant urges us to expand our holding in Render (and consequently, Bembow). Render held that it was error for the court to sentence the defendant on the offenses underlying the probation while the…
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Richardson v. State, 564 So. 2d 564 (Fla. 1st DCA 1990)…us offenses were all pending before the court for sentencing at the same time, and Fla.R. Crim.P. 3.701(d)(1) thus requires a current guidelines scoresheet covering all offenses. See Earp v. State, 522 So. 2d 992 (Fla. 3d DCA 1988); Bembow v. State, 520 So. 2d 312 (Fla. 2d DCA 1988); cf., Peters v. State, 531 So. 2d 121 (Fla.1988). Appellant interposed no objection below, but the court’s obligation to use a guidelines score-sheet in connection with guidelines sentencing is a mandatory requirement which necess…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Render v. State, 516 So. 2d 1085 (Fla. 2d DCA 1987)