ARTIS WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a scoresheet entry lumping multiple misdemeanors together is improper and deprives the defendant of the ability to challenge the accuracy of guideline calculations.
Defendant objected to his sentence based on improper entries on his guidelines scoresheet, where several misdemeanors were lumped together under a gen…
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FARMER, Judge.
Defendant objects to his sentence on account of improper entries on his guidelines scoresheet. Under the heading of “PRIOR RECORD” on the scoresheet, there is an entry for misdemeanors described as “vari ous”, followed by the number “20”, for each of which two-tenths of a point were assessed. The entry resulted in 4 points being added to his total. Defense counsel objected to the assessment of the 4 additional points, saying that some of the misdemeanors were for offenses such as contempt of court, no valid drivers license, and no valid motor vehicle tag. This statement is supported by the record. The court overruled the objection, finding the scoresheet proper. We disagree.
We have previously emphasized the necessity for a properly prepared guidelines scoresheet. See Erickson v. State, 565 So. 2d 328 (Fla. 4th DCA 1990), rev. denied, 576 So. 2d 286 (Fla.1991); and Dawson v. State, 532 So. 2d 89 (Fla. 4th DCA 1988). As defendant contended to the trial court and repeats now on appeal, the kind of entry used here to lump several separate convictions together effectively deprives him of the ability to challenge the accuracy of the calculations. Without the specificity we find lacking, we are unable to discern which entries in his criminal history may be scored. See Fla. R.Crim.P. 3.702(d)(8)(E).
This scoresheet is not saved merely because the presentence investigation report details the misdemeanor convictions. It is the scoresheet that controls the guidelines calculations, and not the report.
REVERSED AND REMANDED FOR RESENTENCING.
GUNTHER, C.J., and POLEN, J., concur.
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Carr v. State, 917 So. 2d 1047 (Fla. 5th DCA 2006)…filing a third rule 3.800(a) motion raising a claim that has previously been raised and rejected. Also, contrary to his position, it is the sentencing guidelines scoresheet, not the PSI, that controls guidelines calculations. See Williams v. State, 658 So. 2d 1249 (Fla. 4th DCA 1995). By filing the instant motion, the defendant has chosen to ignore this court’s warning and we conclude that he has failed to show sufficient cause why he should not be barred from further pro se access to this court with regard…
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Erickson v. State, 565 So. 2d 328 (Fla. 4th DCA 1990)
- Glassman v. O'Grady, 532 So. 2d 89 (Fla. 3d DCA 1988)
- Dawson v. State, 532 So. 2d 89 (Fla. 4th DCA 1988)