JAMES CURTIS TUBWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges his judgment of conviction based upon the state’s allegedly improper use of a peremptory challenge. Because defense counsel affirmatively accepted the jury without reserving her prior objection to the state’s peremptory challenge, that objection was waived. See Joiner v. State, 618 So. 2d 174 (Fla.1993). Consequently, the judgment of conviction is affirmed.
The appellant challenges his sentence based upon the trial court’s use of a 1994 scoresheet to sentence offenses committed in 1993 and 1994. This court has held that the proper method is to use two scoresheets, so that the 1993 offenses are scored on a 1993 scoresheet and the 1994 offenses are scored on a 1994 scoresheet. Heath v. State, 656 So. 2d 527 (Fla. 1st DCA 1995). Accordingly, we vacate appellant’s sentences, and remand for resentencing.
AFFIRMED in part, REVERSED in part, and REMANDED.
BOOTH, MINER and MICKLE, JJ., concur.
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Crystal v. State, 672 So. 2d 632 (Fla. 1st DCA 1996)…for offenses committed prior to January 1, 1994, using a 1994 guidelines scoresheet. It is therefore necessary to vacate appellant’s sentences and remand for resentencing. See Heath v. State, 656 So. 2d 527 (Fla. 1st DCA 1995), and Tubwell v. State, 661 So. 2d 380 (Fla. 1st DCA 1995). The sentences appealed are VACATED and this cause is REMANDED for resen-tencing. MINER and WEBSTER, JJ., and SMITH, Senior Judge, concur.…
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White v. State, 702 So. 2d 1327 (Fla. 4th DCA 1997)…se and remand for a new sentencing hearing. Upon resentencing, the appellant is entitled to separate score sheets since she committed the offenses in different years, during which different sentencing guidelines were in effect. See Tubwell v. State, 661 So. 2d 380, 381 (Fla. 1st DCA 1995). Reversed and remanded for a new sentencing hearing. STONE, C.J., and WARNER and PARIENTE, JJ., concur.…
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State v. Williams, 666 So. 2d 1041 (Fla. 1st DCA 1996)…PER CURIAM. We reverse and remand for resentencing in circuit court ease 93-3448, consistent with our opinion in Tubwell v. State, 661 So. 2d 380 (Fla. 1st DCA 1995) and Heath v. State, 656 So. 2d 527 (Fla. 1st DCA 1995). See also Allen v. State, 664 So. 2d 4 (Fla. 3d DCA 1995). The remaining sentences, circuit court cases 94-989 and 94-3931, are affirmed. AFFIRMED IN PART, REVERSED IN PART…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Joiner v. State, 618 So. 2d 174 (Fla. 1993)
- Liddy Ann Heath v. State, 656 So. 2d 527 (Fla. 1st DCA 1995)