MORRIS LEE SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Morris Lee Smith appealed his resentencing after his original sentence was vacated. The appellate court held that at resentencing, the state must corroborate the accuracy of the sentencing scoresheet when the defendant disputes its scoring of prior convictions.
The trial court erred in not requiring the state to corroborate the accuracy of the scoresheet. Upon remand for resentencing following appellate vacation, the trial court is incumbent to sentence the defendant in accordance with an accurate scoresheet, and the state must establish the accuracy of disputed portions of the scoresheet.
[1] A trial court must ensure the accuracy of a sentencing scoresheet when a defendant disputes specific prior convictions.
[2] Upon resentencing after an appellate remand, the state bears the burden to corroborate the accuracy of a disputed sentencing scoresheet.
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Join FLexlaw to unlock all legal intelligence“upon resentencing it was incumbent upon the trial court to sentence defendant in accordance with an accurate scoresheet”
Establishes the core holding that after appellate remand, the trial court must ensure the sentencing scoresheet is accurate.
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Join FLexlaw to unlock all legal intelligenceSmith's original sentence was enhanced under the habitual offender statute. On prior appeal, this court vacated that sentence for lack of proper findi…
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LEHAN, Judge.
Defendant appeals the sentence imposed upon him at resentencing after his prior sentence had been vacated on appeal to this court in Smith v. Wainwright, 508 So. 2d 768 (Fla. 2d DCA 1987).
On the prior appeal this court vacated the original sentence which had been enhanced under the habitual offender statute and held that such enhancement was not proper without specific findings justifying the application of that statute. Thereafter at the resentencing the trial court made the requisite habitual offender findings. No issue is now presented as to whether those findings were sufficient to justify habitual offender classification.
The issue raised on this appeal concerns the accuracy of the scoresheet. Defendant argues that his scoresheet total was too high due to incorrect scoring of particular prior convictions and contends that the trial court erred in not requiring the state to establish the accuracy of the scoresheet in that regard. He asserts that he made that same argument and contention at the original sentencing and at the resentencing and concedes that he did not do so on the prior appeal.
We agree with defendant’s contention and again remand for resentencing at which the state shall be required to corroborate the accuracy of the scoresheet with respect to the portions which defendant disputes. See Delaine v. State, 486 So. 2d 39 (Fla. 2d DCA 1986). On the prior appeal this court vacated the sentence, and upon resentencing it was incumbent upon the trial court to sentence defendant in accordance with an accurate scoresheet. Cf. Smith v. State, 518 So. 2d 1336 (Fla. 5th DCA 1987) (after appellate remand for re-sentencing within guidelines range, resentencing to a more, severe sentence than that within the guidelines range under the scoresheet which had been before the appellate court was justified when that score-sheet did not reflect additional convictions which had occurred during the pendency of the appeal). Indeed, our prior opinion in this case specifically contemplated a properly calculated scoresheet at resentencing. 508 So. 2d at 770.
Reversed and remanded for proceedings consistent herewith.
DANAHY, A.C.J., and FRANK, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Williams v. State, 549 So. 2d 734 (Fla. 2d DCA 1989)…motion was never filed. Although the trial court erred in entering sentence without requiring the state to corroborate the prior convictions once the defendant had objected to the number of convictions shown on the score-sheet, see Smith v. State, 528 So. 2d 100 (Fla. 2d DCA 1988); Lovett v. State, 536 So. 2d 1087 (Fla. 4th DCA 1988); Massalene v. State, 524 So. 2d 1122 (Fla. 1st DCA 1988), we are compelled to dismiss this appeal because the defendant has served both of his sentences and has been released.…
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Wills v. State, 561 So. 2d 1355 (Fla. 2d DCA 1990)…that the trial court erred in not requiring the state to corroborate the accuracy of the prior convictions that were used in computing his guidelines scoresheet once he objected to the inclusion of points for those prior convictions. Smith v. State, 528 So. 2d 100 (Fla. 2d DCA 1988); Delaine v. State, 486 So. 2d 39 (Fla. 2d DCA 1986). Accordingly, we reverse Wills’ sentence and remand for resentencing. THREADGILL, A.C.J., and PARKER and ALTENBERND, JJ., concur.…
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Webb v. State, 560 So. 2d 1226 (Fla. 2d DCA 1990)…of the convictions contained in the. prior record portion of the guidelines score-sheet. We agree with appellant’s argument that the trial court erred in failing to require the state to corroborate the accuracy of the scoresheet. See Smith v. State, 528 So. 2d 100 (Fla. 2d DCA 1988); Delaine v. State, 486 So. 2d 39 (Fla. 2d DCA 1986). We also find merit in appellant’s contention that the trial court erred in sentencing him as a habitual offender without the specific findings of fact that an extended term of…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smith v. Louie L. Wainwright, 508 So. 2d 768 (Fla. 2d DCA 1987)
- Delaine v. State, 486 So. 2d 39 (Fla. 2d DCA 1986)
- Riley Bernard Smith v. State, 518 So. 2d 1336 (Fla. 5th DCA 1987)