DENISE NEWSOME, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The defendant entered a voluntary plea of no contest to first-degree murder and grand theft. Contrary to the defendant’s argument, the transcript of the sentencing hearing does not provide evidence sufficient to raise a reasonable doubt as to her mental competence at the time of the plea. State v. Tait, 387 So. 2d 338 (Fla.1980). The defendant is correct, however, that a scoresheet should have been prepared for sentencing the non-capital offense, even though a capital offense was sentenced contemporaneously. Worthington v. State, 501 So. 2d 75 (Fla. 5th DCA 1987). Therefore, we vacate the sentence for grand theft and remand to the lower court for resentencing on that charge.
Affirmed; sentences vacated in part and remanded.
SCHOONOVER, A.C.J., and HALL and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jones v. State, 571 So. 2d 56 (Fla. 2d DCA 1990)…the violation of probation. We note that the trial court’s reasoning is supported by the rules governing simultaneous sentencing for a capital offense and an additional scoreable offense. Lamb v. State, 532 So. 2d 1051 (Fla.1988); Newsome v. State, 546 So. 2d 1079 (Fla. 2d DCA 1989). If the trial .court had followed the broad language of Lambert, it could not have departed upward beyond the one-cell increase based on “factors related to violation of probation or community control.” Lambert, 545 So. 2d at 842…
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Adib Arbar Mohammed v. State, 591 So. 2d 1062 (Fla. 2d DCA 1991)…nsecutive seven-year sentence of imprisonment for the burglary. No score-sheet was prepared for this sentence and thus we cannot determine whether the sentence constitutes a departure. See Lamb v. State, 532 So. 2d 1051 (Fla.1988); Newsome v. State, 546 So. 2d 1079 (Fla. 2d DCA 1989). Accordingly, we reverse the burglary sentence and remand for resentencing. Affirmed in part, reversed in part, and remanded. DANAHY, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.…
Authorities Cited
- State v. Tait, 387 So. 2d 338 (Fla. 1980)
- Worthington v. State, 501 So. 2d 75 (Fla. 5th DCA 1987)