MARK A. KALINA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-03-06
No. 89-00864
RYDER, A.C.J., and FRANK, J., concur.
596 So. 2d 1114 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 3 cases
Topics
Prior Convictions Departure Sentence

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Opinion of the Court
PATTERSON, Judge.

PATTERSON, Judge.

We find no merit in the appellant’s arguments relating to his conviction for armed robbery, and we affirm the judgment. As to the sentence, the state did not prove disputed foreign convictions scored as prior record, and the state concedes error. See English v. State, 529 So. 2d 1272 (Fla. 2d DCA 1988). Thus, we reverse the sentence and remand for resentencing. The guidelines score must be recalculated to reflect prior convictions that the state can verify. On remand the trial court may impose a departure sentence if there is a valid basis to do so, because at the original sentencing the trial court believed it was imposing a guidelines sentence. See State v. Vanhorn, 561 So. 2d 584 (Fla.1990).

Affirmed in part, reversed in part, and remanded.

RYDER, A.C.J., and FRANK, J., concur.

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  • Computer Sales Int'l, Inc. v. State, 656 So. 2d 1382 (Fla. 1st DCA 1995)
    …le is clear that when a writing expressly refers to and sufficiently describes another document — in this case, the Certificate of Acceptance — the other document is to be interpreted as part of the writing. Woodward Tire Co. v. Hartley Realty Inc., 596 So. 2d 1114 (Fla. 3d DCA), review denied, 605 So. 2d 1264 (Fla.1992). Moreover, the rule requiring that writings which evidence a single agreement must be construed together is not necessarily confined to instruments executed at the same time by the same partie…
  • Montague v. State, 656 So. 2d 508 (Fla. 2d DCA 1995)
    …or a de novo sentencing hearing to determine the extent of victim injury as to each count, after which the trial court may reassess victim injury points if appropriate. Accord Wilson v. State, 648 So. 2d 1219 (Fla. 2d DCA 1995); cf. Kalina v. State, 596 So. 2d 1114 (Fla. 2d DCA 1992); English v. State, 529 So. 2d 1272 (Fla. 2d DCA 1988) (guidelines scoresheet to be recalculated on remand to reflect prior convictions state could verify). To assist the trial court in this determination, we specifically hold tha…
  • Rauch v. Chama Invs., N.V., 641 So. 2d 501 (Fla. 4th DCA 1994)
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