VLADIMIR TORRES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that it was error to score offenses committed after the offense for which a sentence is imposed as prior offenses on the sentencing scoresheet.
Defendant was convicted of a 1985 sexual battery and placed on probation. His probation was later revoked based on 1986 convictions for other crimes. …
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LEHAN, Acting Chief Judge.
Defendant questions on appeal the calculation of the scoresheet used to determine his guidelines recommended sentence. We reverse.
Defendant was convicted of a sexual battery which occurred in 1985 and was placed on ten years probation. In 1987 his probation was revoked based upon his convictions for sexual battery, kidnapping and aggravated assault, which occurred in 1986. He had been sentenced by another circuit court for those convictions. The scoresheet prepared after the 1987 revocation of probation for his sentencing on the 1985 sexual battery included points for the 1986 crimes under the category of prior offenses.
On appeal defendant contends that it was error to score the 1986 crimes as prior offenses. We agree. Defendant had already been sentenced for those crimes. Also, offenses committed after the offense for which a sentence is imposed cannot be included as prior offenses under Fla.R.Crim.P. 3.701(d)(5)(a). However, the subsequent offenses in this case could provide valid reasons for departure from the guidelines recommended sentence as constituting serious violations of defendant’s probation. See Pentaude v. State, 500 So. 2d 526, 528-29 (Fla.1987). On remand the trial court may depart from the recommended guidelines sentence on the foregoing basis. See Waldron v. State, 529 So. 2d 772 (Fla. 2d DCA 1988).
Reversed and remanded for resentencing.
PATTERSON and ALTENBERND, JJ., concur.
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James v. State, 567 So. 2d 59 (Fla. 4th DCA 1990)…pellant also complains of scoresheet errors. We hold that it was error to include points for subsequent offenses, and for the one burglary with a battery count which we reverse. See Florida Rule of Criminal Procedure 3.701(d)(5)(a); Torres v. State, 544 So. 2d 1100 (Fla. 2d DCA 1989). We do not find error in the remaining points raised. Although even with the exclusion of these points appellant’s total still far exceeds the minimum to. place him in the life in prison range, we nevertheless remand for correctio…
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Moore v. State, 570 So. 2d 1148 (Fla. 1st DCA 1990)…probationary split sentence, we affirm, but note that the sentencing guidelines scoresheet utilized incorrectly included 18 additional points in the “Prior Record” portion for felonies which were committed after Moore was convicted. Torres v. State, 544 So. 2d 1100 (Fla. 2d DCA 1989). Any error is moot, however, as Moore has already been released from incarceration and the trial court’s error resulted in Moore serving a lesser amount of time on probation than [*1149] would have been possible under a corrected…
Authorities Cited
- State v. Pentaude, 500 So. 2d 526 (Fla. 1987)
- Waldron v. State, 529 So. 2d 772 (Fla. 2d DCA 1988)