STANLEY M. TURNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
STANLEY M. TURNER, APPELLANT,
STATE OF FLORIDA, APPELLEE
593 So. 2d 309
Florida District Court of Appeal, Fourth District (1992)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We affirm in all respects, except we reverse the sentence since the state concedes that the trial court imposed an improper sentence on Stanley M. Turner (Turner). Upon remand, the trial court shall resen-tence Turner within the guidelines and hold a hearing on the amount of restitution and costs. A hearing is necessary because the trial court’s order does not conform with its oral statement. See Philips v. State, 578 So. 2d 40, 40 (Fla. 4th DCA 1991).
AFFIRMED.
HERSEY, GUNTHER and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McGREEVEY v. State, 717 So. 2d 1111 (Fla. 5th DCA 1998)…tence, we have held that a trial judge should have a correct scoresheet before deciding whether to apply the permitted range and thus such errors in scoring are not harmless. See Goodwin v. State, 600 So. 2d 1310 (Fla. 5th DCA 1992); Horne v. State, 593 So. 2d 309 (Fla. 5th DCA 1992); Lawrence v. State, 590 So. 2d 1068 (Fla. 5th DCA 1991); Terry v. State, 588 So. 2d 63 (Fla. 5th DCA 1991). Accordingly, we affirm the judgment but quash the sentence and remand for an evi-dentiary hearing on the issue of slight…
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Patterson v. State, 641 So. 2d 456 (Fla. 5th DCA 1994)…ntence in the recommended range rather than the permitted range, as evidenced by the original sentence imposed. Thus, in fairness to Patterson, the judge should be given a chance to resentence him, pursuant to a corrected scoresheet. Horne v. State, 593 So. 2d 309 (Fla. 5th DCA 1992); Scott. Accordingly, we affirm the adjudication of guilt, vacate the sentence, and remand with directions to resentence Patterson pursuant to a corrected scoresheet. AFFIRMED in part; Sentence VACATED; REMANDED to Resentence.…
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Ervin James Barrett v. State, 608 So. 2d 570 (Fla. 5th DCA 1992)…nd for resentencing. The court should correct the scoresheet by removing the multiple legal constraint points prior to resentencing. See Flowers v. State, 586 So. 2d 1058 (Fla.1991); Terry v. State, 588 So. 2d 63 (Fla. 5th DCA 1991); Horne v. State, 593 So. 2d 309 (Fla. 5th DCA 1992). AFFIRMED in part; REVERSED in part and REMANDED. SHARP, W., and DIAMANTIS, JJ„ concur.…
Authorities Cited
- Philips v. State, 578 So. 2d 40 (Fla. 4th DCA 1991)