MICHAEL WALTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL WALTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
596 So. 2d 1255
Florida District Court of Appeal, Second District (1992)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant, Michael Jerome Walton, appeals the sentence imposed upon him after his violation of probation. Appellant argues that a miscalculated scoresheet resulted in a sentencing error. We agree that the trial judge erred in using an updated scoresheet for sentencing appellant for the underlying offenses of his probation upon a finding of a violation of that probation. We, therefore, reverse the sentences imposed and remand for resentencing using the original scoresheet that was used for sentencing when appellant was placed upon probation which has since been determined to have been violated. Harris v. State, 574 So. 2d 1211 (Fla. 2d DCA 1991).
SCHOONOVER, C.J., and DANAHY and CAMPBELL, JJ., concur.
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State v. Rusti H. Osvath, 661 So. 2d 1252 (Fla. 3d DCA 1995)…ground urged for exclusion at trial and is not permitted to raise on appeal new grounds for exclusion not presented to the trial court. See § 90.104, Fla.Stat. (1993); Lineberger v. Domino Canning Co., 68 So. 2d 357, 359 (Fla. 1953); Rawls v. State, 596 So. 2d 1255, 1257 (Fla. 2d DCA), rev. denied, 602 So. 2d 942 (Fla.1992); Sears, Roebuck & Co. v. McA-foos, 303 So. 2d 336, 337 (Fla. 3d DCA 1974); Nat Harrison Assocs. v. Byrd, 256 So. 2d 50, 53 (Fla. 4th DCA 1971). There is a very limited and rarely invoked…
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Rawls v. State, 56 So. 3d 920 (Fla. 2d DCA 2011)…pleaded nolo contendere to burglary and sexual battery. He was sentenced to five years in prison for the burglary and to life in prison for the sexual battery. On direct appeal, this court affirmed Mr. Rawls’ judgment and sentences. Rawls v. State, 596 So. 2d 1255 (Fla. 2d DCA 1992). In October 2001, Mr. Rawls filed a motion for postconviction DNA testing. At the time, Mr. Rawls’ nólo contendere plea disqualified him from obtaining the requested relief. See § 925.11(l)(a), Fla. Stat. (2001); Smith v. State,…
Authorities Cited
- Harris v. State, 574 So. 2d 1211 (Fla. 2d DCA 1991)