ANTHONY THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1995-08-02
No. 94-2757
DELL and KLEIN, JJ., and RIVKIND, LEONARD, Associate Judge, concur.
659 So. 2d 404 Florida District Court of Appeal, Fourth District (1995) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

[*405] PER CURIAM.

We reverse and remand appellant’s sentence for rescoring with a correct guidelines sheet because (1) he should not have been assessed 6 points for the violation of a single release program order, Florida Rule of Criminal Procedure 3.702(d)(10), and (2) for correction of the written findings to support the habitual offender sentence, which the state concedes are erroneous. Although we recognize that these errors will not necessarily result in a different sentence, we are not willing to assume that a change in appellant’s score will not affect the court’s discretion in imposing his sentence. Cochran v. State, 592 So. 2d 784 (Fla. 4th DCA 1992).

DELL and KLEIN, JJ., and RIVKIND, LEONARD, Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Adolphus Williams v. State, 680 So. 2d 532 (Fla. 1st DCA 1996)
    …t it would. Accordingly, we vacate appellant’s sentence, and remand with directions that the trial court resentence appellant using a corrected guidelines scoresheet which does not include points for “release program violation.” See Thomas v. State, 659 So. 2d 404 (Fla. 4th DCA 1995) (although use of corrected scoresheet will not necessarily result in different sentence, resentencing required where appellate court not convinced that same sentence would be imposed). SENTENCE VACATED; and case REMANDED, with d…
  • Hebb v. State, 714 So. 2d 639 (Fla. 4th DCA 1998)
    …ence. Although this decision results in a minimal reduction to his total sentencing points, it cannot be assumed that the change in Appellant’s score would not have affected the trial court’s discretion in imposing the sentence. See Thomas v. State, 659 So. 2d 404, 405 (Fla. 4th DCA 1995); Williams v. State, 663 So. 2d 672 (Fla. 2d DCA 1995). AFFIRMED IN PART; REVERSED IN PART; AND REMANDED. STONE, C.J., and DELL and GUNTHER, JJ., concur.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw