THEOPHOLOUS JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HARRIS, Judge.
Theopholous Jackson appeals from his sentence for the offense of burglary. His scoresheet included points for being under “legal constraint” because at the time of the offense appellant was in the “scrap program”. While appellant acknowledged that he was placed in the program, he testified under oath that he had violated the terms of the program, been sent back to prison and was thus removed from the program prior to the offense.
It then became the duty of the court either to require the state to corroborate the fact that appellant was under legal constraint or to remove the points from his scoresheet. Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985).
Instead the court relied on the prosecutor’s statement that he had spoken to the person who had prepared the scoresheet and had been assured that appellant was under legal constraint.
This was totally inadequate corroboration.
Reversed and remanded with instructions to remove the points for “legal constraint” from the scoresheet and to resentence appellant.
REVERSED and REMANDED with instructions.
DAUKSCH and SHARP, JJ., concur.
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Jackson v. State, 588 So. 2d 1085 (Fla. 5th DCA 1991)…ating the accuracy of the challenged conviction. Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985). Mere reference to other hearsay such as appeared in the predisposition report is not sufficient corroborative evidence. See Jackson v. State, 552 So. 2d 1193 (Fla. 5th DCA 1989). Jackson’s sentence is vacated, and this cause is remanded for resentencing. On remand, the trial court is instructed to require the state to produce corroborating evidence of the disputed conviction and to [*1087] strike the po…
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Brown v. State, 632 So. 2d 1052 (Fla. 5th DCA 1994)…ved that Brown was under prior legal constraint. The state offered no evidence to corroborate that Brown was under legal constraint other than hearsay information in his PSI. Without corroboration, those points must be removed. See Jackson v. State, 552 So. 2d 1193 (Fla. 5th DCA 1989). Finally, 45 points should be removed from the scoresheet because the trial judge assessed 85 points for severe victim injury based upon the emotional trauma to the victim as a result of the sexual battery. This enhancement is pr…
Authorities Cited
- Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985)