DEVON MANUEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Devon Manuel appealed his resentencing for possession and delivery of cocaine following revocation of community control. The Florida Second District Court of Appeal reversed his sentence because the trial court improperly used a new scoresheet containing previously undiscovered convictions under aliases at resentencing, rather than the original scoresheet, and remanded for resentencing.
A trial court must use the original scoresheet at sentencing following revocation of community control even when the state discovers additional prior convictions the defendant committed under aliases, unless the defendant affirmatively misrepresented facts concerning his prior criminal history. The trial court's decision to increase the sentence one cell for revocation of community control without written reasons for departure was permissible.
[1] A trial court must use the original sentencing scoresheet following revocation of probation or community control, even if additional prior convictions committed under ali…
[2] A trial court may sentence a defendant within the permitted range of the next higher cell following revocation of community control without providing written reasons for…
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Join FLexlaw to unlock all legal intelligence“A trial court must use the original scoresheet 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.”
Establishes the primary legal rule that the original scoresheet must be used at revocation sentencing regardless of subsequently discovered convictions under aliases
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Join FLexlaw to unlock all legal intelligenceManuel was originally sentenced for possession and delivery of cocaine. Following revocation of his community control, the state prepared a new scores…
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PATTERSON, Judge.
Devon Manuel appeals from his sentence for possession and delivery of cocaine following the revocation of his community control. He argues that the trial court erred in using a new scoresheet at resentencing and that the court erred in exceeding the guidelines sentence by “bumping up” his sentence two cells for revocation of community control without providing written reasons for departure. We find merit only in his argument that the trial court improperly used a new scoresheet and remand for resentencing.
Following the revocation of the appellant’s community control, the state prepared a new scoresheet for the resentencing hearing, which included additional convictions that the appellant had obtained under aliases. The state did not discover the additional convictions until after the appellant’s original sentencing. The trial court sentenced the appellant under the revised scoresheet to five years’ incarceration. This was error. A trial court must use the original scoresheet 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 the appellant took any affirmative action to mislead the trial court as to his prior record. Therefore, we reverse and remand for resentencing pursuant to the original scoresheet.
The appellant’s second argument, that the trial court impermissibly “bumped up” his sentence two cells, is without merit. Following revocation of community control, a trial court has the discretion to impose a sentence in the original cell or in the next higher cell, including the permitted range, without providing written reasons for departure. Brown v. State, 581 So. 2d 936 (Fla. 1st DCA 1991). The trial court in this case only bumped the appellant’s sentence one cell for the revocation of community control and then sentenced the appellant within the permitted range of that cell. Thus, upon remand the trial court may again sentence the appellant within the permitted range after increasing the appellant’s sentence one cell for revocation of community control.
Reversed and remanded for further proceedings.
FRANK, A.C.J., and HALL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Roberts v. State, 644 So. 2d 81 (Fla. 1994)…t when resentencing a defendant after revocation of 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…1 / 2
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Holloman v. State, 600 So. 2d 522 (Fla. 5th DCA 1992)…ithout written reasons. We agree. It is well established that the trial court must use the original scoresheet at sentencing following a revocation of probation or community control. Tito v. State, 593 So. 2d 284 (Fla. 2d DCA 1992); Manuel v. State, 582 So. 2d 823 (Fla. 2d DCA 1991); Harris v. State, 574 So. 2d 1211 (Fla. 2d DCA), 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). Because the trial court in the pre…
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Clenney Terrell Davis v. State, 606 So. 2d 470 (Fla. 1st DCA 1992)…ial court held a sentencing hearing on April 23, 1991. The appropriate guidelines score-sheet for the primary offense under section 812.019, Florida Statutes (1989), indicated Appellant’s 62 points placed him in the third cell. See Manuel v. State, 582 So. 2d 823 (Fla. 2d DCA 1991); Fla.R.Crim.P. 3.988(f) (Category 6). A violation of community control subjects a defendant to a sentence in the original cell or in the next higher cell, including the permitted range, without the trial court’s providing written…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Goene v. State, 577 So. 2d 1306 (Fla. 1991)
- Harris v. State, 574 So. 2d 1211 (Fla. 2d DCA 1991)
- Pfeiffer v. State, 568 So. 2d 530 (Fla. 1st DCA 1990)
- Chuck Brown v. State, 581 So. 2d 936 (Fla. 1st DCA 1991)