DOUGLAS SCHOTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Sentencing Guidelines Scoresheet cases and more on FLexlaw
PER CURIAM.
We vacate defendant’s sentence and remand for resentencing because of an error in the sentencing guidelines scoresheet. The scoresheet reflects that points were assessed for legal constraint based on an outstanding capias, however, the state did not establish that the capias was outstanding at the time these crimes were committed. Kinman v. State, 550 So. 2d 1190, 1191 (Fla. 5th DCA 1989).
Defendant also argues that the trial court failed to adequately determine whether his plea was voluntary. Because this is a direct appeal from a guilty plea, and defendant made no motion in the trial court to withdraw the plea, we affirm on that issue. Robinson v. State, 373 So. 2d 898, 902 (Fla.1979).
REVERSED IN PART AND AFFIRMED IN PART.
ANSTEAD, KLEIN and PARIENTE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Terence Davis v. State, 652 So. 2d 503 (Fla. 4th DCA 1995)…der the influence at that time. Patently, a motion to withdraw the plea and a trial court record on that motion is required before this court can review the issue of voluntariness. E.g., Robinson v. State, 373 So. 2d 898 (Fla.1979); Schott v. State, 641 So. 2d 465 (Fla. 4th DCA 1994); Washington v. State, 582 So. 2d 798 (Fla. 1st DCA 1991); Isley v. State, 565 So. 2d 389 (Fla. 5th DCA 1990); McGinty v. State, 463 So. 2d 495 (Fla. [*504] 2d DCA 1985); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979). HERSEY…
-
Mills v. State, 690 So. 2d 735 (Fla. 4th DCA 1997)…ing under legal constraint as there is no testimony or written evidence before the court that Appellant was under any type of constraint at the time of the offense. Brown v. State, 632 So. 2d 1052, 1053 (Fla. 5th DCA 1994). See also Schott v. State, 641 So. 2d 465 (Fla. 4th DCA 1994); Blanton v. State, 546 So. 2d 1181, 1183 (Fla. 5th DCA 1989). It was also error to score points for two juvenile felony commitments that show on their face that Appellant was not represented by counsel. As to one, there was no…
-
Polanco v. State, 710 So. 2d 63 (Fla. 3d DCA 1998)…nts for legal constraint because the State never proved, by competent evidence before the trial court, that defendant was under legal constraint when he committed this offense. See Mills v. State, 690 So. 2d 735 (Fla. 4th DCA 1997); Schott v. State, 641 So. 2d 465 (Fla. 4th DCA 1994); Brown v. State, 632 So. 2d 1052 (Fla. 5th DCA 1994). Without that evidence, the points must be removed. Id. at 1053. Just as the State must be prepared to go forward with its proofs at trial, the State must likewise be prepare…
Authorities Cited
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Waller v. State, 550 So. 2d 1190 (Fla. 5th DCA 1989)