DANNY WILLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Corroboration Of Prior Convictions cases and more on FLexlaw
PER CURIAM.
Danny Wills appeals the sentence imposed upon him after a jury trial. The trial court sentenced Wills, within the recommended guidelines, to twelve years’ imprisonment.
At sentencing, Wills objected to the inclusion of points for three prior felonies. Although it appears that points were subtracted for an unspecified third-degree felony, the other two prior felonies were not corroborated. We agree with Wills that the trial court erred in not requiring the state to corroborate the accuracy of the prior convictions that were used in computing his guidelines scoresheet once he objected to the inclusion of points for those prior convictions. Smith v. State, 528 So. 2d 100 (Fla. 2d DCA 1988); Delaine v. State, 486 So. 2d 39 (Fla. 2d DCA 1986).
Accordingly, we reverse Wills’ sentence and remand for resentencing.
THREADGILL, A.C.J., and PARKER and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ovid Miller v. State, 661 So. 2d 353 (Fla. 4th DCA 1995)…of evidence that defendant maintained he had no sexual problem and was not in need of treatment. The trial court, as the trier of fact, was free to weigh the conflicting evidence and reject defendant’s testimony as not credible. See Wills v. State, 561 So. 2d 1355 (Fla. 2d DCA 1990). On appeal our review is limited to whether the trial court abused its discretion in revoking defendant’s probation. See Steiner v. State, 604 So. 2d 1265, 1267 (Fla. 4th DCA 1992). Based on this record, we find no such abuse. AF…
-
Slaughter v. State, 585 So. 2d 1087 (Fla. 3d DCA 1991)…second issue raised in this case, the state properly concedes that the trial court erred in sentencing the defendant based on a disputed sentencing guidelines score sheet without requiring any corroborating evidence by the state. See Wills v. State, 561 So. 2d 1355 (Fla. 2d DCA 1990); Morgan v. State, 550 So. 2d 151 (Fla. 3d DCA 1989); Smith v. State, 528 So. 2d 100 (Fla. 2d DCA 1988). Accordingly, we reverse and remand for resentencing at which the state shall be required to corroborate the accuracy of the sc…
-
Ulpierre v. State, 581 So. 2d 258 (Fla. 3d DCA 1991)…CURIAM. The state concedes that the trial court erred in failing to resolve any discrepancy in the scoresheet and not correcting the scoresheet to reflect the accurate score. See State v. Wright, 574 So. 2d 321 (Fla. 4th DCA 1991); Wills v. State, 561 So. 2d 1355 (Fla. 2d DCA 1990). We agree. Accordingly, we vacate the sentence and remand for resentencing pursuant to the correct sentencing guideline scoresheet. The sentence is vacated and remanded for further proceedings.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Delaine v. State, 486 So. 2d 39 (Fla. 2d DCA 1986)
- Smith v. State, 528 So. 2d 100 (Fla. 2d DCA 1988)