RONALD WORLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RONALD WORLEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
573 So. 2d 1023
Florida District Court of Appeal, Second District (1991)
Positive Treatment
Cited by 22 cases
Opinion of the Court
PER CURIAM.
Consistent with our decisions in Lewis v. State, 574 So. 2d 245 (Fla. 2d DCA 1991) and Scott v. State, 574 So. 2d 247 (Fla. 2d DCA 1991), we hold the trial court erred in multiplying the points for legal constraint by the number of new offenses committed by appellant while on probation to arrive at appellant’s presumptive guidelines sentence. Accordingly, we reverse appellant’s sentence and remand for correction of the scoresheet and resentencing.
CAMPBELL, A.C.J., and LEHAN and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Cabrera v. State, 576 So. 2d 1358 (Fla. 3d DCA 1991)…e second district has interpreted the guidelines to call for assessment of legal constraint only once per scoresheet. See Lewis v. State, 574 So. 2d 245 (Fla. 2d DCA 1991); see also Scott v. State, 574 So. 2d 247 (Fla. 2d DCA 1991); Worley v. State, 573 So. 2d 1023 (Fla. 2d DCA 1991). See generally Florida Rules of Criminal Procedure Re: Sentencing Guidelines (Rules 3.701 and 3.988), 576 So. 2d 1307 (Fla.1991). We think the latter is the better view and align ourselves therewith. We certify conflict with the f…
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Adams v. State, 577 So. 2d 963 (Fla. 5th DCA 1991)…rict has concluded that a multiplier may not be used with legal constraint to arrive at a recommended guidelines sentence. See’Lewis v. State, 574 So. 2d 245 (Fla. 2d DCA 1991); Scott v. State, 574 So. 2d 247 (Fla. 2d DCA 1991); and Worley v. State, 573 So. 2d 1023 (Fla. 2d DCA 1991). As Judge Altenbernd illustrates in Scott v. State, applying a multiplier to the legal status factor has a tremendous skewing effect on guideline scoring. In Scott multiplying the points for legal status (17) by each offense sente…
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State v. Worley, 586 So. 2d 338 (Fla. 1991)…PER CURIAM. We have for review the consolidated cases of Worley v. State, 573 So. 2d 1023 (Fla. 2d DCA 1991), Lewis v. State, 574 So. 2d 245 (Fla. 2d DCA 1991), and Scott v. State, 574 So. 2d 247 (Fla. 2d DCA 1991), in which the Second District Court of Appeal directly conflicts with the Fifth District Court of Appeal in Flowers v. State…
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- Lewis v. State, 574 So. 2d 245 (Fla. 2d DCA 1991)
- Scott v. State, 574 So. 2d 247 (Fla. 2d DCA 1991)