EDWIN OWEN HUMPHREY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ORFINGER, Judge.
Points for “legal constraint” were improperly scored in computing appellant’s recommended guidelines sentence, because nothing in the record before this court supports the trial court’s conclusion that at the time of appellant’s arrest here there was an outstanding warrant for his arrest on a charge of contempt for “failure to appear for a criminal judicial proceeding.” See Fla.R.Crim.P. 3.701(d)6. Because the elimination of these points reduces the recommended sentence, we vacate the sentence and remand the case for recalculation of the scoresheet and for resentencing.
Sentence VACATED and REMANDED.
DAUKSCH and COBB, JJ., concur.
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Bell v. State, 108 So. 3d 639 (Fla. 2013)…sustained an objection to hypothetical voir dire questions “containing what purported] to be the testimony subsequently to be introduced and eliciting ... a reply as to whether [a juror] would acquit or convict on such testimony”); Renney v. State, 543 So. 2d 420, 421 (Fla. 5th DCA 1989) (holding that prosecutor’s request that jury commit to finding of guilt “if we prove every element of the crime, but don’t prove one particular fact” was improper). Here, the prosecutor did not ask prospective jurors to com…
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DeFREITAS v. State, 701 So. 2d 593 (Fla. 4th DCA 1997)…e can claim that defendant opened the door when it was the prosecutor who asked the series of impermissible questions concerning prior acts of misconduct on cross-examination. See Weitz v. State, 510 So. 2d 1060 (Fla. 4th DCA 1987); Renney v. State, 543 So. 2d 420 (Fla. 5th DCA 1989); Dixon v. State, 426 So. 2d 1258 (Fla. 2d DCA 1983); cf. Bozeman v. State, 698 So. 2d 629 (Fla. 4th DCA 1997). Moreover, even when a defendant places a character trait in issue, it is erroneous for the state to rebut this evidenc…
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Velez v. State, 645 So. 2d 42 (Fla. 4th DCA 1994)…or a full review because the matters raised as error may be disposed of as a matter of law. As to appellant’s allegation that the state asked the jurors to commit to a guilty verdict if the state proved its case, appellant relies on Renney v. State, 543 So. 2d 420 (Fla. 5th DCA 1989), for support. However, Renney involved multiple prosecutorial improprieties during voir dire, not just one comment. Moreover, even if we assume the state made such a request of the jury, our full review of the record convinces us…
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