ALEJANDRO VIQUEIRA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court reversed a seven-year sentence and remanded for resentencing because the sentencing guidelines scoresheet was incorrectly calculated by scoring an attempted burglary conviction as a first-degree felony instead of a second-degree felony.
A sentencing guidelines scoresheet must be recalculated and resentencing conducted when the defendant was incorrectly scored for a prior conviction.
[1] A sentencing guidelines scoresheet error in classifying the degree of a prior felony conviction requires recalculation and resentencing, with the trial court determining…
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Join FLexlaw to unlock all legal intelligenceAlejandro Viqueira was convicted of sale of cocaine and sentenced to seven years based on a sentencing guidelines scoresheet that incorrectly scored h…
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PER CURIAM.
Because the state properly concedes that the sentencing guidelines scoresheet was incorrectly calculated below at the defendant Alejandro Viqueira’s sentencing hearing, the seven-year guidelines sentence imposed below is reversed and the cause is remanded for resentencing based on a correctly computed sentencing guidelines scoresheet; the defendant need not be present for this resentencing. In all other respects, however, the judgment of conviction for sale of cocaine is affirmed.
It appears that the defendant Viqueira was incorrectly scored on the guidelines scoresheet under “prior record” for a first degree felony conviction of burglary of a structure with a dangerous weapon, when, in fact, the defendant had been convicted of attempted burglary of a structure with a dangerous weapon, a second degree felony. Sections 777.04(4)(b), 810.02(2), Fla. Stat. (1985). The state and defendant disagree as to whether this scoring error would change the permitted sentencing guidelines range which was used in imposing the original sentence in this case; we conclude that the trial court should resolve this dispute at resentencing and thereafter impose a sentence. State v. Chaplin, 490 So. 2d 52 (Fla.1986); State v. Whitfield, 487 So. 2d 1045 (Fla.1986).
Affirmed in part; reversed in part and remanded for resentencing.
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Citator
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R.D. v. State, 638 So. 2d 580 (Fla. 3d DCA 1994)…PER CURIAM. Affirmed. Reed v. State, 606 So. 2d 1246 (Fla. 5th DCA 1992); Viqueira v. State, 604 So. 2d 26 (Fla. 3d DCA 1992); State v. Hartzog, 575 So. 2d 1328 (Fla. 1st DCA), review denied, 581 So. 2d 1308 (Fla.1991).…
Authorities Cited
- State v. Whitfield, 487 So. 2d 1045 (Fla. 1986)
- State v. Chaplin, 490 So. 2d 52 (Fla. 1986)