MICHAEL GOODWIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the defendant must be resentenced because the original sentencing scoresheet improperly included points for victim injury.
Michael Goodwin was sentenced for attempted sexual battery and committing a lewd act upon a child. His scoresheet included points for victim injury ba…
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HARRIS, Judge.
Michael Goodwin pled nolo contendere to attempted sexual battery upon a person less than twelve years of age and to committing a lewd act upon a child. His recommended sentencing range was five and one-half years to seven years; his permitted range was four and one-half years to nine years. He was sentenced to four and one-half years in prison to be followed by ten years probation.
Because penetration occurred and pursuant to our earlier decisions, his score sheet included points for victim injury. In Karchesky v. State, 591 So. 2d 930 (Fla.1992) the supreme court has disallowed such scoring and we are required to reverse for resentencing after the preparation of a corrected scoresheet.
The State’s position that there is no harm because the sentence remains within the permitted range of even a corrected score-sheet is without merit. The court at the original sentencing exercised its discretion to enter the least severe sentence allowed in the permitted range. On remand, the judge should be permitted that same discretion. Goodwin is entitled to be sentenced under a correct scoresheet. Terry v. State, 588 So. 2d 63 (Fla. 5th DCA1991).
REVERSED and REMANDED for re-sentencing.
GOSHORN, C.J., and W. SHARP, J„ concur.
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Gamble v. State, 723 So. 2d 905 (Fla. 5th DCA 1999)…able offense severity ranking. Therefore, the trial court should have ranked Mr. Gamble’s armed trafficking conviction as a level seven offense. Accordingly, Mr. Gamble is entitled to be resentenced with a corrected scoresheet. See Goodwin v. State, 600 So. 2d 1310 (Fla. 5th DCA 1992). JUDGMENTS AFFIRMED; SENTENCES VACATED; and CAUSE REMANDED FOR RESENTENCING. DAUKSCH and GOSHORN, JJ„ concur. . §§ 893.135(l)(b)l.a„ 775.087(1), Fla. Stat. (1993). . § 790.01(2), Fla. Stat. (1993). . § 316.1935, Fla. Stat. (…
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McGREEVEY v. State, 717 So. 2d 1111 (Fla. 5th DCA 1998)…deviation of 25% up or down from the recommended sentence, 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 reman…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Karchesky v. State, 591 So. 2d 930 (Fla. 1992)
- Silver Pines P'rs Ltd. v. The Resolution Tr. Corp., 588 So. 2d 63 (Fla. 5th DCA 1991)
- Terry v. State, 588 So. 2d 63 (Fla. 5th DCA 1991)