HARRY POLLIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the convictions but reversed and remanded for resentencing because the scoresheet improperly included misdemeanor convictions committed after the primary offense.
The appellant was convicted of attempted second-degree murder, shooting into a building, and carrying a concealed weapon. His scoresheet included poin…
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SCHOONOVEE, Chief Judge.
The appellant, Harry Pollis, challenges the judgments and sentences imposed upon him after he was found guilty of attempted second degree murder, shooting into a building, and carrying a concealed weapon. We affirm the convictions but reverse and remand for resentencing.
We find no merit in the appellant’s contentions that the trial court committed error in the conduct of his trial and, accordingly, affirm his convictions. We also find no merit in the appellant’s contention that the trial court erred by including an un-counseled conviction on the guideline score-sheet. The appellant did not carry his burden on this issue. Croft v. State, 513 So. 2d 759 (Fla. 2d DCA 1987).
We agree, however, with the appellant’s contention that the scoresheet improperly scored two misdemeanor convictions as pri-or record. The appellant’s scoresheet included points under prior record for two misdemeanor convictions based upon offenses which were committed after the primary offense for which appellant was being sentenced in this case. Convictions for crimes which are committed after the offense for which a defendant is being sentenced should not be scored as prior record. Thorp v. State, 555 So. 2d 362 (Fla.1990); Falzone v. State, 496 So. 2d 894 (Fla. 2d DCA 1986); Fla.R.Crim.P. 3.701(d)(5)(a). The deletion from the scoresheet of points for these two misdemeanors results in a lower sentence range. Since the sentence imposed by the trial court exceeds this range, we reverse and remand for resentencing after the preparation of a proper scoresheet.
Remanded for resentencing.
THREADGILL and PARKER, JJ., concur.
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Sumpter v. State, 838 So. 2d 615 (Fla. 4th DCA 2003)…ourt to sentence Sumpter erroneously contained a robbery which was committed three days after the offense for which he was being sentenced. It was error to include this offense under the “prior record” section of the scoresheet. See Pollis v. State, 581 So. 2d 991 (Fla. 2d DCA 1991). The only offenses that may be included under “prior record” are those committed by the offender prior to the commission of the primary offense. We remand for re-sentencing under a corrected scoresheet. POLEN, C.J., KLEIN and HA…
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Ness v. State, 708 So. 2d 654 (Fla. 2d DCA 1998)…URIAM. William J. Ness challenges the trial court’s summary denial of his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800. Despite Ness’s able argument that his guidelines score is incorrect under Pollis v. State, 581 So. 2d 991 (Fla. 2d DCA 1991) (holding convictions for crimes which are committed after the offense for which the defendant was being sentenced are improperly scored as prior record), this is not an issue which may be addressed in a motion to correct illegal s…
Authorities Cited
- Thorp v. State, 555 So. 2d 362 (Fla. 1990)
- Jackson Croft v. State, 513 So. 2d 759 (Fla. 2d DCA 1987)
- Falzone v. State, 496 So. 2d 894 (Fla. 2d DCA 1986)