CHRISTOPHER M. GLASCO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Sentence vacated and remanded because defendant was sentenced without a guideline scoresheet, requiring resentencing with proper application of sentencing guidelines and the one-cell increase permitted for probation violations.
A sentence imposed without a guideline scoresheet must be vacated and remanded for resentencing in compliance with sentencing guidelines.
[1] A sentence imposed without a guideline scoresheet must be vacated and remanded for resentencing in compliance with Florida sentencing guidelines, including the one-cell i…
[2] A youthful offender's sentence is limited to no more than six years' imprisonment under Florida Statutes section 958.14.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“two violations of probation as to the same offense do not justify a departure sentence and ... the one cell increase permitted by the sentencing guidelines for a sentence following a violation of probation is the exclusive applicable sentencing factor relating to the effect of a prior violation, or violations, of probation”
Court citing Maddox v. State regarding limitations on sentencing increases for probation violations
Christopher Glasco pleaded guilty to violations of community control and was sentenced without the use of a guideline scoresheet.…
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GOSHORN, Judge.
Christopher Glaseo appeals the sentence imposed following his plea admitting violations of community control. Because the defendant was sentenced without the use of a guideline scoresheet, we vacate the sentence and remand for resentencing. Disinger v. State, 526 So. 2d 213 (Fla. 5th DCA 1988). See also Rule 3.701d.l, Fla.R. Crim.P. The lack of a scoresheet in the record prevents us from adequately addressing Glasco’s remaining points on appeal, however, on remand, the trial judge must observe the constraints of the sentencing guidelines, including the one cell increase permitted after a violation of probation. Franklin v. State, 545 So. 2d 851 (Fla.1989); Lambert v. State, 545 So. 2d 838 (Fla.1989). See also Maddox v. State, 553 So. 2d 1380 (Fla. 5th DCA 1989) (“[T]wo violations of probation as to the same offense do not justify a departure sentence and ... the one cell increase permitted by the sentencing guidelines for a sentence following a violation of probation is the exclusive applicable sentencing factor relating to the effect of a prior violation, or violations, of probation ...” (footnote omitted)). We also call the trial court’s attention to section 958.14, Florida Statutes (1989) which limits the sentence of a youthful offender to no more than 6 years’ imprisonment. State v. Watts, 558 So. 2d 994 (Fla.1990). Cf. Amette v. State, 566 So. 2d 1369 (Fla. 5th DCA 1990).
Sentence VACATED; REMANDED.
COBB and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- Franklin v. State, 545 So. 2d 851 (Fla. 1989)
- Maddox v. State, 553 So. 2d 1380 (Fla. 5th DCA 1989)
- THE Florida BAR v. Hiram Lee Bauman, 558 So. 2d 994 (Fla. 1990)
- State v. Watts, 558 So. 2d 994 (Fla. 1990)
- Disinger v. State, 526 So. 2d 213 (Fla. 5th DCA 1988)
- Arnette v. State, 566 So. 2d 1369 (Fla. 5th DCA 1990)