MARIO RAPHAEL STEPPS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges the revocation of his community control, and the imposition of a sentence of imprisonment. Because there was sufficient evidence to support the determination that the appellant willfully and substantially violated the conditions of community control, the revocation is affirmed. However, on remand the court should amend the revocation order to reflect the specific violations as orally pronounced. Gregg v. State, 643 So. 2d 106 (Fla. 1st DCA 1994).
A Florida Rule of Criminal Procedure 3.990 guidelines scoresheet was improperly used in this case, as this scoresheet does not apply to offenses committed before 1994. See Fla. R.Crim. P. 3.702(a); § 921.001(4)(b)2, Fla. Stat. (Supp.1994). The use of this scoresheet altered the applicable guidelines range for a nondeparture sentence, and requires resentencing with a proper guidelines scoresheet. E.g., Gregory v. State, 666 So. 2d 222 (Fla. 2d DCA 1995); Johnson v. State, 583 So. 2d 386 (Fla. 1st DCA 1991). The sentence is therefore vacated, and the case is remanded.
MINER, ALLEN and MICKLE, JJ., concur.
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Moore v. State, 678 So. 2d 452 (Fla. 1st DCA 1996)…luded an assessment of points for the possession of a firearm. The deduction of these points alters the applicable guidelines range for a nondeparture sentence, and thus requires resentencing under a corrected guidelines scoresheet. Stepps v. State, 675 So. 2d 1008 (Fla.App. 1st DCA 1996). The sentence is therefore vacated, but the challenged orders are otherwise affirmed and the case is remanded. MINER, ALLEN and WEBSTER, JJ., concur.…
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Arnett Frazier Pierce v. State, 681 So. 2d 873 (Fla. 1st DCA 1996)…lter the presumptive sentencing range under the Florida Rule of Criminal Procedure 3.702 guidelines, all of the appellant’s sentences are vacated and the case is remanded for resentencing upon a corrected guidelines scoresheet. E.g. Stepps v. State, 675 So. 2d 1008 (Fla. 1st DCA 1996). The other convictions are affirmed. MINER, ALLEN and MICKLE, JJ., concur.…
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Williams v. State, 695 So. 2d 731 (Fla. 1st DCA 1996)…eously excluded from the scoresheet). The state contends that affirmance is proper and a remand is unnecessary because, if the 12 points are added, the 22-month sentences will he within the allowable guidelines sentencing range. Cf. Stepps v. State, 675 So. 2d 1008 (Fla. 1st DCA 1996) (vacating sentence and remanding for resentencing where use of improper scoresheet altered the applicable guidelines range). We decline to follow the procedure recommended by the state. The trial court should have an accurate s…
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- Johnson v. State, 583 So. 2d 386 (Fla. 1st DCA 1991)
- Ulysses Gregg v. State, 643 So. 2d 106 (Fla. 1st DCA 1994)
- Lacretia Anne Holley v. State, 666 So. 2d 222 (Fla. 2d DCA 1995)