KEVIN CRYSTAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant was sentenced on September 21, 1995, for several 1994 offenses, and for violation of a probation order for two robbery offenses committed by appellant in 1991. A sentencing guidelines scoresheet was prepared, based on the 1994 guidelines, which listed a 1994 burglary as the primary offense, and the 1991 robberies and other offenses as additional offenses, and sentence was imposed based on the scoresheet. The appellant contends, and the state agrees, that it was error to sentence appellant 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 resentencing.
MINER and WEBSTER, JJ., and SMITH, Senior Judge, concur.
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Crystal v. State, 689 So. 2d 388 (Fla. 1st DCA 1997)…PER CURIAM. In Crystal v. State, 672 So. 2d 632 (Fla. 1st DCA 1996), we vacated the appellant’s seven and one-half year sentence and remanded for resentencing. Upon remand, the trial court imposed a sentence of ten years. We vacate the ten year sentence because it violates the appellant’s right t…
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Burgess v. State, 705 So. 2d 701 (Fla. 5th DCA 1998)…der more than one version or revision of the guidelines, each felony shall be sentenced under the guidelines in effect at the time the particular felony was committed”). The cases relied upon by the trial court in the instant case, Crystal v. State, 672 So. 2d 632 (Fla. 1st DCA 1996) and Heath v. State, 656 So. 2d 527 (Fla. 1st DCA 1995), were, similarly, “straddle” offenses that were a mix of pre-1994 and post-1993 offenses that required separate scoresheets. Since both of Burgess’ offenses were committed…
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Ricks v. State, 686 So. 2d 798 (Fla. 1st DCA 1997)…e contends, and the State concedes, that he could lawfully be convicted of only one of the drug charges, as they involved the same amount of marijuana. See Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932); C.M. v. State, 672 So. 2d 632 (Fla. 1st DCA 1996). Accordingly, we reverse and remand to the trial court so that [*799] it may dismiss the charge of possession of more than 20 grams of cannabis and resen-tence appellant using a sentencing guidelines scoresheet that is calculated…
Authorities Cited
- Liddy Ann Heath v. State, 656 So. 2d 527 (Fla. 1st DCA 1995)
- Tubwell v. State, 661 So. 2d 380 (Fla. 1st DCA 1995)