FREDERICK L. HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1991-02-22
No. 89-01787
RYDER, A.C.J., and THREADGILL, J., concur.
574 So. 2d 1211 Florida District Court of Appeal, Second District (1991) Positive Treatment
Cited by 24 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Harris appeals his sentence imposed for violating probation, challenging the trial court's use of a new sentencing guidelines scoresheet that included previously omitted prior convictions discovered through a records check. The court reversed and remanded, holding that trial courts must use the original scoresheet when sentencing for probation violations, though the state may pursue other criminal remedies if warranted.


Holding

Trial courts must use the original scoresheet when sentencing for probation violations, though the scoresheet may be updated for events subsequent to original sentencing. The state may pursue other criminal remedies (such as perjury) if a defendant provided false information about prior convictions. Trial courts must provide notice and opportunity to be heard before imposing costs and fees.


Headnotes

[1] A trial court must use the original sentencing scoresheet when sentencing a defendant for a violation of probation.

[2] A defendant must be given notice and an opportunity to be heard before costs and fees are imposed at sentencing.

Previewing 2 of 5 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

Key Quotes

“a trial court must use the original scoresheet when sentencing a defendant on a violation of probation”

Establishes the core holding that governs probation violation sentencing procedures

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Harris was originally charged with two counts of lewd and lascivious acts, pleaded no contest, and received concurrent three-year probation sentences.…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PARKER, Judge.

PARKER, Judge.

Frederick Harris appeals his sentence which the trial court imposed after Harris violated probation. We reverse and remand for resentencing.

Harris was charged originally with two counts of lewd and lascivious acts. He pleaded no contest and received two concurrent sentences of three years’ probation. His presumptive guidelines sentence was two and one-half to three and one-half years’ incarceration.

Harris then pleaded guilty to violating the terms of his probation. The state prepared a new scoresheet for the probation violation sentencing which included prior convictions which were omitted from the original scoresheet. The probation officer did a records check and discovered these additional prior convictions. Harris disputed the accuracy of the prior convictions total. With the additional convictions, Harris’s recommended guidelines sentence was seventeen to twenty-two years which included the permitted one-cell enhancement. The trial judge sentenced Harris to fifteen years on count one and two years on count two to run consecutively followed by thirteen years’ probation.

Harris has appealed his sentences, arguing that the trial judge erred in using the new scoresheet which contained the additional prior convictions. The state asserts that defense counsel failed to make a contemporaneous objection. The record, however, does not support the state’s assertion. Defense counsel requested the trial court to sentence Harris pursuant to the original scoresheet with a one-cell bump for the violation of probation.

We reverse the sentences because a trial court must use the original scoresheet when sentencing a defendant on a violation of probation. See Pfeiffer v. State, 568 So. 2d 530 (Fla. 1st DCA 1990); Graham v. State, 559 So. 2d 343 (Fla. 4th DCA 1990). The state acknowledges the Graham decision but asks this court to decline to follow it.

The Pfeiffer and Graham opinions do not disclose the reasons that the prior convictions were not included on the original scoresheet. In the instant case, it is alleged that Harris had used aliases and that the crimes he committed using those aliases were not included on the scoresheet. The fact that a person has used an alias should not prevent the state from obtaining a complete record of prior convictions. At any felony sentencing, the trial judge has the ability to obtain a presentence investigation (PSI) for the defendant. Fla.R. Crim.P. 3.710. A probation officer conducting the PSI can obtain a complete criminal history record of a defendant by obtaining a “rap sheet” through the defendant’s fingerprint classification. Thus, there is no need to rely upon the defendant’s statements as to prior record, because the defendant’s use of aliases will become apparent through fingerprint records. If the trial judge decides to forego a presentence investigation and wishes to rely upon the defendant’s statements as to his prior record, the trial judge can place the defendant under oath and inquire into that record at the sentencing hearing. The defendant then can be charged with perjury if the defendant is untruthful. We, therefore, agree with our sister courts that the original scoresheet must be used at sentencing for a violation of probation. Accordingly, we find that the trial judge erred in using the new scoresheet which contained the additional prior convictions. The state, of course, may pursue other criminal penalties against Harris if his actions constituted a crime, such as perjury. See Katz v. State, 335 So. 2d 608 (Fla. 2d DCA 1976).

Harris also argues, and we agree, that the trial court erred by imposing costs and fees without notice and opportunity to be heard. We, therefore, vacate Harris’s sentences and remand for resentencing utilizing-the original sentencing guidelines scoresheet.1 If the state seeks to impose costs and fees, Harris must receive proper notice and an opportunity to be heard.

RYDER, A.C.J., and THREADGILL, J., concur. . The original scoresheet, of course, should be updated to reflect additions to any categories for events occurring subsequent to the original sentencing.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (11 total)

  • Tillman v. State, 592 So. 2d 767 (Fla. 2d DCA 1992)
    …hable by a prison term not exceeding thirty years. Sections 812.13(2)(b) and 775.082(3)(b), Fla.Stat. (1987). Second, the trial court erred in using a new scoresheet in sentencing the appellant upon revocation of his probation. See Harris v. State, 574 So. 2d 1211 (Fla. 2d DCA), dism., State v. Harris, 581 So. 2d 1310 (Fla.1991). It contained points for prior offenses which were not on the original scoresheet. Lastly, the trial court erred in adding points on the scoresheet for legal constraint. Points for l…
  • Roberts v. State, 644 So. 2d 81 (Fla. 1994)
    …probation, a trial court cannot consider prior convictions that were omitted from the original scoresheet unless the omission was the result of an affirmative act by the defendant. Manuel v. State, 582 So. 2d 823 (Fla. 2d DCA 1991); Harris v. State, 574 So. 2d 1211 (Fla. 2d DCA), cause dismissed, 581 So. 2d 1310 (Fla.1991); Pfeiffer v. State, 568 So. 2d 530 (Fla. 1st DCA 1990); Graham v. State, 559 So. 2d 343 (Fla. 4th DCA 1990). However, the Fifth District Court of Appeal recently relied on Roberts to hold th…
    1 / 2
  • Manuel v. State, 582 So. 2d 823 (Fla. 2d DCA 1991)
    …t at sentencing following revocation of probation or community control, Pfeiffer v. State, 568 So. 2d 530 (Fla. 1st DCA 1990), even though the state discovers additional prior convictions which the defendant committed under aliases. Harris v. State, 574 So. 2d 1211 (Fla. 2d DCA 1991). A contrary result has been reached where the defendant affirmatively misrepresented to the trial court facts concerning his prior criminal history. Goene v. State, 577 So. 2d 1306 (Fla.1991). Here, there were no allegations that…

Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw