DARYL P. WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Daryl Wilson appeals his sentencing for multiple offenses and probation violation. The court vacates his sentence because the sentencing scoresheet erroneously included multiple assessments for legal constraint, which inflated his points by 252 and produced an absurd result inconsistent with sentencing guidelines intent.
A sentencing scoresheet cannot erroneously include multiple assessments for legal constraint. The sentence must be vacated and the case remanded for resentencing with a corrected scoresheet that does not contain multiple legal constraint assessments.
[1] A guidelines sentence must be vacated and remanded for resentencing when the scoresheet erroneously includes multiple assessments for legal constraint.
[2] Multiple assessments for legal constraint on a sentencing scoresheet can lead to absurd results and are not contemplated by the sentencing guidelines.
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Join FLexlaw to unlock all legal intelligence“We must vacate appellant's guidelines sentence and remand for resentencing because the scoresheet erroneously included multiple assessments for legal constraint.”
States the core holding that multiple legal constraint assessments are impermissible and require resentencing.
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Join FLexlaw to unlock all legal intelligenceDaryl Wilson was convicted of numerous offenses including violation of the terms of his probation. His sentencing scoresheet included seven assessment…
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PER CURIAM.
Daryl Wilson appeals the sentence imposed upon him for numerous offenses including violation of the terms of his probation. We must vacate appellant’s guidelines sentence and remand for resentencing because the scoresheet erroneously included multiple assessments for legal constraint. Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA 1991); Cabrera v. State, 576 So. 2d 1358 (Fla. 3d DCA 1991); Scott v. State, 574 So. 2d 247 (Fla. 2d DCA 1991); Lewis v. State, 574 So. 2d 245 (Fla. 2d DCA 1991). See also Florida Rules of Criminal Procedure Re: Sentencing Guidelines (Rules 3.701 and 3.988), 576 So. 2d 1307 (Fla.1991) (proposing an amendment to Florida Rule of Criminal Procedure 3.701(d)6 which, if approved by the Legislature, will prohibit multiple assessments for legal constraint). Because the fourth and fifth districts have permitted multiple assessments for legal constraint, we must certify direct conflict with Walker v. State, 546 So. 2d 764 (Fla. 5th DCA 1989), and Carter v. State, 571 So. 2d 520 (Fla. 4th DCA 1990).
As the court noted in Scott, supra, multiple assessments often produce absurd results. In the instant case, appellant’s seven assessments for legal constraint amounted to 252 points, or 54% of the point total on his category 4 scoresheet. To obtain the same point total without the six additional assessments for legal constraint, the state would have had to present 62 first-degree felonies as additional offenses at conviction. We do not believe that such a result is contemplated by the guidelines.
Accordingly, the sentence is vacated, the case is remanded for resentencing, and the conflict is certified.
NIMMONS, BARFIELD and MINER, JJ., concur.
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Swinson v. State, 588 So. 2d 296 (Fla. 5th DCA 1991)…a. 4th DCA 1990), jurisdiction accepted, 581 So. 2d 163 (Fla. 1991); Green v. State, 570 So. 2d 1014 (Fla. 5th DCA 1990); Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990); Walker v. State, 546 So. 2d 764 (Fla. 5th DCA 1989). . Wilson v. State, 580 So. 2d 303 (Fla. 1st DCA 1991); Cabrera v. State, 576 So. 2d 1358 (Fla. 3d DCA 1991); Scott v. State, 574 So. 2d 247 (Fla. 2d DCA), jurisdiction accepted, 581 So. 2d 1310 (Fla. 1991).…
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Cadenhead v. State, 585 So. 2d 1192 (Fla. 1st DCA 1991)…gal constraint by the number of his felony convictions. The state agrees that decisions of this court, released after sentencing in this case, require that appellant’s sentence be vacated, and the case remanded for resentencing. See Wilson v. State, 580 So. 2d 303 (Fla. 1st DCA 1991); Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA 1991). Accord Scott v. State, 574 So. 2d 247 (Fla. 2d DCA 1991), jurisdiction accepted, decision pending, State v. Scott, 581 So. 2d 1310 (Fla.1991); Lewis v. State, 574 So. 2d 245…
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Napier v. State, 587 So. 2d 657 (Fla. 1st DCA 1991)…g the number of points assessed for legal constraint by the number of his felony convictions. The state recognizes that this court’s decisions require that appellant’s sentence be vacated, and the case remanded for resentencing. See Wilson v. State, 580 So. 2d 303 (Fla. 1st DCA1991); Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA 1991). Accord Scott v. State, 574 So. 2d 247 (Fla. 2d DCA 1991), jurisdiction accepted, decision pending, State v. Scott, 581 So. 2d 1310 (Fla.1991); Lewis v. State, 574 So. 2d 245 (…
Authorities Cited
- Walker v. State, 546 So. 2d 764 (Fla. 5th DCA 1989)
- Lewis v. State, 574 So. 2d 245 (Fla. 2d DCA 1991)
- Louie Anthony Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA 1991)
- Fernandez v. Efigenia Nancy Fernandez, 578 So. 2d 339 (Fla. 3d DCA 1991)
- Scott v. State, 574 So. 2d 247 (Fla. 2d DCA 1991)
- FLA. RULES OF CRIM. PROCEDURE RE: SENTENCING GUIDELINES (RULES 3.701 & 3.988), 576 So. 2d 1307 (Fla. 1991)
- Cabrera v. State, 576 So. 2d 1358 (Fla. 3d DCA 1991)
- Fla. Perfections, Inc. v. J & D Fin. Corp., 571 So. 2d 520 (Fla. 3d DCA 1990)
- Carter v. State, 571 So. 2d 520 (Fla. 4th DCA 1990)