RANDY CULVER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Corroboration Of Prior Convictions cases and more on FLexlaw
FRANK, Acting Chief Judge.
The appellant, Randy Culver, challenges his conviction and sentence following a jury trial in which he was found guilty of attempted sexual battery. While we find no merit in the argument attacking his conviction, we do agree that errors occurred in the sentencing process. The record discloses a lengthy discussion at the sentencing hearing as to the ability of the state to corroborate several out-of-state prior convictions. For example, the state conceded that one third degree felony was, in fact, a misdemeanor; the appellant, however, was scored for the third degree felony. Moreover, for reasons we cannot discern, other of the remaining out-of-state convictions were scored and some were not. Finally, the state represented that it would score the appellant for contact but no penetration but the scoresheet reflects forty points for penetration.
Accordingly, this matter is remanded for resentencing based upon an accurately stated and properly computed scoresheet which shall include all out-of-state convictions corroborated by the state. In all other aspects this matter is affirmed.
PARKER and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wahl v. State, 568 So. 2d 1303 (Fla. 2d DCA 1990)…ial court could alternatively sentence Wahl under the amended version of the habitual offender statute, section 775.084, Florida Statutes (1989), because the amendment occurred after the date on which Wahl committed his offenses. See Smith v. State, 561 So. 2d 1281 (Fla. 2d DCA 1990). Because the only reason given for departure is invalid, we reverse Wahl’s sentences and remand for resentencing within the recommended guidelines range. Shull v. Dugger, 515 So. 2d 748 (Fla.1987). We find no merit in Wahl’s fin…
-
Williams v. State, 614 So. 2d 640 (Fla. 2d DCA 1993)…its discretion in this regard. However, the appellant is correct to point out that the points added for the unadjudicated crimes require us to reverse and remand for resentencing with a properly prepared scoresheet before the court. Culver v. State, 561 So. 2d 1281 (Fla. 2d DCA 1990). DANAHY, A.C.J., and HALL, J., and ROBERTS, SUSAN W., Associate Judge, concur. . Wright specifically declined to address the issue whether stating that a named officer/victim is a law enforcement officer in charging the jury in…
-
Robinson v. State, 656 So. 2d 190 (Fla. 3d DCA 1995)…s case in admitting in evidence police testimony that the defendant gave several different names and dates of birth to the police when arrested. Cabrera v. State, 576 So. 2d 1358, 1359 (Fla. 3d DCA), aff'd, 589 So. 2d 287 (Fla.1991); Smith v. State, 561 So. 2d 1281, 1282 (Fla. 2d DCA 1990). Nor has any reversible error been shown in the trial court’s denial of defendant’s pre-trial motion for a severance of counts with reference to the resisting arrest count on which the defendant was ultimately acquitted. Sol…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence