HARVEY LINEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HARVEY LINEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
620 So. 2d 254
Florida District Court of Appeal, Second District (1993)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s convictions for robbery, aggravated battery, and aggravated assault. However, the record on appeal contains no sentencing guidelines scoresheet. For all offenses committed after October 1,1983, preparation and review of a scoresheet is mandatory. See Holton v. State, 573 So. 2d 284 (Fla.1990), cert. denied, — U.S. -, 111 S.Ct. 2275, 114 L.Ed.2d 726 (1991). Unless it can be established after remand that a guideline score-sheet was prepared, and appellant sentenced consistently therewith, appellant will have to be resentenced.
Convictions affirmed; judgments and sentences reversed for further proceedings.
RYDER, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
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Blimpie Cap. Venture, Inc. v. Palms Plaza P'rs, Ltd., 636 So. 2d 838 (Fla. 2d DCA 1994)…motion filed under rule 1.540(b) that is not supported by evidence at a hearing is insufficient to justify the setting aside of a final judgment valid on its face, thereby overturning -vested interests. ARDC-Hospitality Management, Inc. v. Randell, 620 So. 2d 254 (Fla. 4th DCA 1993). We also emphasize again that, in the absence of a stipulation, the proof necessary to support the granting of such a motion cannot be supplied by argument or objected to representations of counsel. Affirmed. FRANK, C.J., and A…
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Wilson v. State, 685 So. 2d 844 (Fla. 2d DCA 1995)…he conviction. We remand, however, for further proceedings with respect to sentencing. The record on appeal does not contain a sentencing guidelines scoresheet. Preparation and review of a scoresheet was mandatory in this case. See Linen v. State, 620 So. 2d 254 (Fla. 2d DCA 1993). We therefore remand for further proceedings to determine if a scoresheet was prepared for sentencing. If it is established that a scoresheet was prepared and the appellant was sentenced consistently therewith, nothing further nee…
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Haywood v. State, 659 So. 2d 1372 (Fla. 2d DCA 1995)…ewd and lascivious act (count VI), and child abuse (count VII). Because Haywood was sentenced on these noncapital offenses without a sentencing guidelines score-sheet, we reverse and remand for resentenc-ing on counts VI and VII. See Linen v. State, 620 So. 2d 254 (Fla. 2d DCA 1993). We are required to reverse Haywood’s convictions on counts III, TV, and V (engaging a child in sexual activity) because the state failed to present a prima facie case. The record contains absolutely no evidence to support crimi…
Authorities Cited
- Holton v. State, 573 So. 2d 284 (Fla. 1990)