WILLIAM C. SCHERWITZ, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PER CURIAM.
We have for review Scherwitz v. State, 618 So. 2d 793 (Fla. 5th DCA 1993), because of conflict with Graham v. State, 559 So. 2d 343 (Fla. 4th DCA 1990), on the issue of whether in resentencing a defendant after revocation of probation or community control, a court has authority to revise a guidelines score-sheet to include prior convictions that were mistakenly omitted from the original through no fault of the defendant. We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.
In Roberts v. State, 644 So. 2d 81 (Fla.1994), this Court has rejected the rationale of Graham and resolved the issue in the instant case adversely to Scherwitz’s position. Therefore, we approve the decision below.
It is so ordered.
GRIMES, C.J., OVERTON, SHAW and HARDING, JJ., and MeDONALD, Senior Justice, concur. KOGAN, J., dissents with an opinion.
KOGAN, Justice,
dissenting.
I dissent for the reasons stated in my dissent in Roberts v. State, 644 So. 2d 81 (Fla.1994).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Marshall, 869 So. 2d 754 (Fla. 5th DCA 2004)…ing guideline scoresheet to include prior convictions that were mistakenly omitted from the original scoresheet, even though the error was made through no fault of defendant. See also Scherwitz v. State, 618 So. 2d 793 (Fla. 5th DCA 1993), approved, 644 So. 2d 85 (Fla.1994). The defendant in Roberts was the beneficiary of a mistake in his original guidelines scoresheet, just as Mr. Marshall is here. The Florida Supreme Court concluded that since the defendant had committed a new crime and, thus, violated hi…
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Bransfield v. State, 657 So. 2d 1191 (Fla. 5th DCA 1995)…fense. The latter scoresheet was correct. Fla. R.Crim.P. 3.701.d. In resentencing a defendant after violation of probation, the trial judge may use a revised, corrected score-sheet. See Roberts v. State, 644 So. 2d 81 (Fla.1994); Scherwitz v. State, 644 So. 2d 85 (Fla.1994). Bransfield also argues he has received a sentence which exceeds the statutory maximum for a second degree felony — 15 years. He adds the 3 years probation he received on his first sentence together with the new 4½ year prison term, foll…
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Holmes v. State, 722 So. 2d 240 (Fla. 5th DCA 1998)…been scored as the primary offense, but at resen-tencing, the court used a second degree felony as the primary offense, thus resulting in a greater term of imprisonment, relying on Roberts v. State, 644 So. 2d 81 (Fla.1994), and Scherwitz v. State, 644 So. 2d 85 (Fla.1994). In both Roberts and Scherwitz, supra, the court held that it was proper, after revocation of probation, to amend the guidelines scoresheet to include prior convictions which had been omitted from the original score-sheet through no fau…
Authorities Cited
- Roberts v. State, 644 So. 2d 81 (Fla. 1994)
- Graham v. State, 559 So. 2d 343 (Fla. 4th DCA 1990)
- Scherwitz v. State, 618 So. 2d 793 (Fla. 5th DCA 1993)