MICHAEL BELEW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL BELEW, APPELLANT,
STATE OF FLORIDA, APPELLEE
616 So. 2d 120
Florida District Court of Appeal, Second District (1993)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We affirm defendant’s conviction without comment. However, it appears that no sentencing guidelines scoresheet was ever filed. Thus, in “an abundance of caution,” we remand this case to the trial court to clarify whether the guidelines scoresheet referred to by the state and defense counsel at the sentencing hearing was “physically present before the judge and the court on the date of sentencing.” Caracciolo v. State, 564 So. 2d 1162, 1163 (Fla. 4th DCA 1990).
Affirmed but remanded.
DANAHY, A.C.J., HALL, J., and ROBERTS, SUSAN W., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hinkle v. State, 675 So. 2d 621 (Fla. 2d DCA 1996)…comment. We do, however, remand “to clarify whether the guidelines seoresheet referred to by the state and defense counsel at the sentencing hearing was ‘physically present before the judge and the court on the date of sentencing.’” Belew v. State, 616 So. 2d 120 (Fla. 2d DCA 1993), and cases cited therein. Further, the record reveals that though the trial court orally pronounced at sentencing that it was imposing a public defender’s lien against Hinkle, it improperly failed to inform him of his right to co…
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Ulmer v. State, 619 So. 2d 443 (Fla. 2d DCA 1993)…ations and other paperwork. Ulmer is an obvious candidate for incarceration; however, we must remand to the trial court for resentencing to determine an appropriate sentence based on the sentencing guidelines and Williams. See also Friedly v. State, 616 So. 2d 120 (Fla. 2d DCA 1993). Ulmer also argues the court lacked jurisdiction to revoke community control because two years is the maximum period of community control available for any one offense. The court had jurisdiction in each of the instances of revo…
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Colleton v. State, 618 So. 2d 316 (Fla. 2d DCA 1993)…ing the error harmless because his five year sentences represent a four cell enhancement from the original guidelines cell. We reject the state’s view. The record describes only three violations; thus we deem the error harmful. See Friedly v. State, 616 So. 2d 120 (Fla. 2d DCA 1993). Reversed and remanded for resentencing within the guidelines. ALTENBERND and BLUE, JJ., concur.…
Authorities Cited
- Walton v. State, 564 So. 2d 1162 (Fla. 1st DCA 1990)
- Caracciolo v. State, 564 So. 2d 1162 (Fla. 4th DCA 1990)