SERGIO FERNANDEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
The defendant violated his community control and was sentenced to 5⅜ years in prison. His scoresheet shows 55 points, which scores out to only any non-state prison sanction. Therefore he contends that the sentence illegally exceeds the one-cell bump up that is permitted for violation of probation. The state contends that he was sentenced based on more than the probation violation, but that the scoresheet does not reflect this. We find that the record is insufficient to support the defendant’s sentence. Roberson v. State, 555 So. 2d 976 (Fla. 1st DCA 1990); Hembree v. State, 519 So. 2d 1138 (Fla. 2d DCA 1988). We therefore vacate the sentence and remand the matter to the trial court for resentencing upon a proper scoresheet.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Blackford v. Fla. Power & Light Co., 681 So. 2d 795 (Fla. 3d DCA 1996)…of the court, or conduct which evinces deliberate callousness.’” Gomez-Bonilla v. Apollo Ship Chandlers, Inc., 650 So. 2d 116, 118 (Fla. 3d DCA 1995)(quoting Mercer, 443 So. 2d at 946); see also Florida Lime Growers, Inc. v. Bloomer Plastics, Inc., 665 So. 2d 1151 (Fla. 3d DCA 1996); Reep v. Reep, 565 So. 2d 814, 816 (Fla. 3d DCA 1990); Pilkington plc v. Metro Corp., 526 So. 2d 943 (Fla. 3d DCA 1988); Zafirakopoulous v. South Miami Int’l Crabhouse Corp., 513 So. 2d 1353 (Fla. 3d DCA 1987); Beauchamp v. Collin…
-
Jalil v. Merkury Corp., 683 So. 2d 161 (Fla. 3d DCA 1996)…a sanction for a first time discovery violation, and where there were other lesser sanctions available. Kozel v. Ostendorf, 629 So. 2d 817 (Fla.1993); Mercer v. Raine, 443 So. 2d 944 (Fla.1983); Florida Lime Growers, Inc. v. Bloomer Plastics, Inc., 665 So. 2d 1151 (Fla. 3d DCA 1996). For these reasons, we reverse the trial court’s order denying the plaintiffs’ verified emergency motion to set aside the order granting defendant Merkury Corporation’s motion to dismiss the plaintiffs’ amended complaint and to st…
-
Inez Munoz v. Dade Cnty. Sch. Bd., 692 So. 2d 1004 (Fla. 3d DCA 1997)…versed for trial. Kozel v. Ostendorf, 629 So. 2d 817 (Fla.1993); K&K World Enter, v. Union Spol, 692 So. 2d 1000 (Fla. 3d DCA 1997); Garlock, Inc. v. Harriman, 665 So. 2d 1116 (Fla. 3d DCA 1996); Florida Lime Growers, Inc. v. Bloomer Plastics, Inc., 665 So. 2d 1151 (Fla. 3d DCA 1996); Gomez- [*1005] Bonilla v. Apollo Ship Chandlers, Inc., 650 So. 2d 116 (Fla. 3d DCA 1995).…
Authorities Cited
- Roberson v. State, 555 So. 2d 976 (Fla. 1st DCA 1990)
- Hembree v. State, 519 So. 2d 1138 (Fla. 2d DCA 1988)