TONY ANTHONY RICE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that using separate sentencing guidelines scoresheets for multiple offenses pending before the court for sentencing is error.
The defendant was sentenced in two separate criminal cases on the same day in Putnam County, Florida. Each case utilized a different sentencing guidel…
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PER CURIAM.
The defendant was sentenced in case number 87-344-CF on July 21, 1988, in Putnam County, Florida, by one circuit judge and on the same day in the same county, he was sentenced on case number 88-400-CF by another circuit judge. Each judge used a separate and different sentencing guidelines scoresheet with each scoresheet showing a different prior record.
The use of two scoresheets to calculate the defendant’s two sentences was error1 under Florida Rule of Criminal Procedure 3.701(d)(1) which mandates that one score-sheet be prepared for all offenses pending before the court for sentencing. Washington v. State, 539 So. 2d 1191 (Fla. 5th DCA 1989); Ford v. State, 528 So. 2d 538 (Fla. 5th DCA 1988); Arnett v. State, 526 So. 2d 1075 (Fla. 5th DCA 1988). See also, Stokes v. State, 512 So. 2d 290 (Fla. 1st DCA 1987); Hagins v. State, 509 So. 2d 1244 (Fla.2d DCA 1987). In Gallagher v. State, 476 So. 2d 754 (Fla. 5th DCA 1985), this court held that the trial judge has the burden to assure that all of the defendant’s cases pending for sentencing in a particular county are disposed of using one scoresheet.2 Accordingly, the sentences are vacated and the case remanded for resentencing using one properly calculated scoresheet.
SENTENCED VACATED; CAUSE REMANDED FOR RESENTENCING.
COBB, COWART and GOSHORN, JJ., concur. . The State concedes the error. . The record on appeal does not affirmatively show that the 384 days prior jail time credited pursuant to section 921.161(1), Florida Statutes, on the sentence in case 87-344-CF includes the 49 days jail time between the defendant’s arrest in case 88-400-CF and his detainment for violation of probation in case number 87-344-CF. On resentencing, the record should affirmatively show that the defendant received credit on one case or the other for all jail time served.
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Rice v. State, 563 So. 2d 210 (Fla. 5th DCA 1990)…HARRIS, Judge. This is the second appeal in this case. Appellant was initially sentenced in two trial court cases in separate sentencing proceedings using separate guideline score-sheets. In Rice v. State, 546 So. 2d 784 (Fla. 5th DCA 1989), this court reversed and remanded for resentencing under a single scoresheet. At resentencing the trial court sentenced appellant for dealing in stolen property to a term of seven years with credit for 597 days. On the convictio…
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ASH v. State, 554 So. 2d 553 (Fla. 5th DCA 1989)…not required simultaneous sentencing for all offenses pending before the same circuit. Rather, we restrict the application of Florida Rule of Criminal Procedure 3.701 d.l.6 to convictions pending for sentencing in the same county. See Rice v. State, 546 So. 2d 784 (Fla. 5th DCA 1989); Allen v. State, 543 So. 2d 347 (Fla. 5th DCA 1989); Gallagher v. State, 476 So. 2d 754 (Fla. 5th DCA 1985). Accordingly we quash the sentence imposed and remand for resentencing. Also, we reverse the imposition of costs because…
Authorities Cited
- Gallagher v. State, 476 So. 2d 754 (Fla. 5th DCA 1985)
- Hagins v. State, 509 So. 2d 1244 (Fla. 2d DCA 1987)
- Stokes v. State, 512 So. 2d 290 (Fla. 1st DCA 1987)
- Arnett v. State, 526 So. 2d 1075 (Fla. 5th DCA 1988)
- LeCORN v. State, 528 So. 2d 538 (Fla. 5th DCA 1988)
- Ford v. State, 528 So. 2d 538 (Fla. 5th DCA 1988)
- Wilson v. State, 539 So. 2d 1191 (Fla. 5th DCA 1989)
- Parker Washington v. State, 539 So. 2d 1191 (Fla. 5th DCA 1989)