LAURA BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1993-09-24
No. 91-03564
RYDER, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
624 So. 2d 405 Florida District Court of Appeal, Second District (1993) Caution
Cited by 10 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Laura Brown appeals her sentences imposed in case number 90-9615, contending the scoresheet contains numerous errors that, if corrected, would result in a lower permitted range. The state has conceded that there are errors in the scoresheet. Accordingly, we reverse Ms. Brown’s sentences in case number 90-9615, and remand for resentencing within the maximum range permitted by the guidelines, after recalculating the scoresheet. In this regard, the trial court should be guided by State v. Tito, 616 So. 2d 39 (Fla.1993).

Ms. Brown also contends that the trial court impermissibly extended her probation in case numbers 90-9616, 90-9617, 90-9618, and 90-12265. We do not have jurisdiction to review this issue because Ms. Brown failed to appeal these cases. She may raise this issue in a motion for posteonviction relief.

Case number 90-9615 is reversed and remanded for resentencing.

RYDER, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Reyes v. State, 642 So. 2d 644 (Fla. 3d DCA 1994)
    …r counts II through VI. On remand, the trial court is directed to impose concurrent minimum mandatory sentences on those counts. State v. Boatwright, 559 So. 2d 210 (Fla.1990); Ward v. State, 630 So. 2d 217 (Fla. 3d DCA 1993); Weatherspoon v. State, 624 So. 2d 405 (Fla. 2d DCA 1993). Convictions affirmed; sentences affirmed in part and reversed in part; and cause remanded for resentencing in accordance with this decision.…
  • Kesner Etienne v. State, 15 So. 3d 890 (Fla. 4th DCA 2009)
    …ral cases which hold that it is error to impose consecutive mandatory minimum sentences for the use of a firearm during a single criminal episode where the episode occurred without interruption in time and location. See, e.g., Weatherspoon v. State, 624 So. 2d 405, 407 (Fla. 2d DCA 1993). Our review of this argument is de novo. See Jackson v. State, 925 So. 2d 1168, 1170 n. 1 (Fla. 4th DCA 2006) (“[A] sentencing error constituting an illegal sentence would be reviewed de novo.”). Etienne’s second argument is…
  • Ward v. State, 630 So. 2d 217 (Fla. 3d DCA 1993)
    …“It is error to impose consecutive mandatory minimum sentences for the use of a firearm during a single criminal episode, even where there are two victims, where the episode occurred without interruption in time and location.” Weatherspoon v. State, 624 So. 2d 405, 407 (Fla. 2d DCA 1993); Wilson v. State, 467 So. 2d 996 (Fla.1985); Palmer v. State, 438 So. 2d 1 (Fla.1983). In this case, imposition of consecutive minimum mandatory sentences is illegal. Bass v. State, 530 So. 2d 282 (Fla.1988). The order is r…

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw