MOSES MATHEW STEVENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MOSES MATHEW STEVENS, APPELLANT,
STATE OF FLORIDA, APPELLEE
540 So. 2d 232
Florida District Court of Appeal, Fifth District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
COWART, Judge.
Appellant’s Motion for Rehearing is granted. The per curiam affirmance herein dated January 31,1989 is withdrawn and the following opinion is issued:
The defendant’s conviction is affirmed but his sentence is vacated and this cause is remanded to the trial court with instructions to resentence the defendant after the defendant and the state have been given an opportunity to present evidence and argument as to, and the court has determined, the proper guideline scoresheet prior record score for the defendant’s conviction for robbery in the State of Ohio. SENTENCE VACATED; CAUSE REMANDED.
SHARP, W., C.J., and DANIEL, J., concur.
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Stevens v. State, 592 So. 2d 758 (Fla. 5th DCA 1992)…1, 1989 to rehabilitate. It is true that the sequential conviction requirement has historically insured that the defendant be given “an opportunity to reform following his initial conviction.” Barnes, 576 So. 2d at 761. However, in Stevens v. State, 540 So. 2d 232 (Fla. 5th DCA 1989), this court affirmed appellant’s prior conviction for trafficking in stolen property, and merely remanded for proper guidelines scoring. As we stated in Harrison, the Habitual Offender Act “as judicially construed requires a sequ…