FREDERICK ALAN TUCKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant challenges the order revoking his probation and the judgment and sentence entered on the offense for which he was placed on probation, battery on a law enforcement officer. Upon revocation of probation, appellant received a five-year prison sentence, the statutory maximum for a third-degree felony. The recommended range of the next higher cell was three and one-half to four and one-half years, and the permitted range was two and one-half years to five and one-half years. Because the battery was committed on December 7, 1987, before the effective date of the amendment to the guidelines establishing permitted ranges, permitted ranges do not apply to this sentence. See Watts v. State, 580 So. 2d 899 (Fla. 2d DCA 1991).
Accordingly, we affirm the judgment and order revoking probation, but reverse the sentence and remand for sentencing within the recommended range of the guidelines.
SCHOONOVER, C.J., and HALL and ALTENBERND, JJ., concur.
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Swyck v. State, 753 So. 2d 711 (Fla. 2d DCA 2000)…s occurred before statutory amendments allowed sentencing within a permitted range, Swyck should have been sentenced within the recommended range, unless his sentence was a departure sentence or the result of a negotiated- plea. See Tucker v. State, 601 So. 2d 1249 (Fla. 2d DCA 1992). If Swyck’s sentence was a guidelines sentence, he must be resentenced in accordance with the 1987 sentencing guidelines. The court should use a 1987 scoresheet rather than the 1991 scoresheet that is in the file. See Smith v. S…
Authorities Cited
- Bines v. State, 580 So. 2d 899 (Fla. 1st DCA 1991)
- Napoleon James Reed v. State, 580 So. 2d 899 (Fla. 1st DCA 1991)