KEITH RONDELL GILLETTE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1996-12-27
No. 95-02959
SCHOONOVER, A.C.J., and FRANK and BLUE, JJ., concur.
685 So. 2d 973 Florida District Court of Appeal, Second District (1996) Positive Treatment
Cited by 1 case

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court affirmed the revocation of community control and one prison sentence, but reversed another prison sentence due to an error in calculating guideline scoresheet points.


Facts & Procedural History

Appellant was serving concurrent sentences of community control. A violation was found, leading to revocation and imposition of prison sentences in tw…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant, Keith Rondell Gillette, challenges the revocation of his community control and one of the prison sentences which was imposed as a result of that revocation. We affirm the revocation of community control but reverse the sentence imposed in circuit court case number 94-12971.

Appellant was serving concurrent sentences of community control in circuit court case number 94-12971 and circuit court case number 94-3466. A violation of community control affidavit was filed. The trial court found that appellant violated his community control and revoked it in both cases. The trial court sentenced appellant to three and one-half years in prison in circuit court case number 94-3466. and forty-two months in prison in circuit court case number 94-12971. The sentences were ordered to run concurrently. Appellant tiled a timely notice of appeal.

We find no merit in appellant’s contention that the trial court erred in finding that appellant violated his community control. We affirm the revocation of his community control in both cases. We also affirm the prison sentence in circuit court case number 94-3466. Both sides, however, agree that there was an error in calculating the points on the guidelines scoresheet in circuit court case number 94-12971. Therefore, we reverse appellant’s sentence in that case and remand for resentencing.

Affirmed in part, reversed in part, and remanded.

SCHOONOVER, A.C.J., and FRANK and BLUE, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Kalway v. Singletary, 708 So. 2d 267 (Fla. 1998)
    …SHAW, Justice. We have for review Kalway v. Singletary, 685 So. 2d 973 (Fla. 2d DCA 1996), wherein the district court certified conflict with Van Meter v. Singletary, 682 So. 2d 1162 (Fla. 1st DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We approve Kalway. During a routine inspection of James Kal-wa…

Full citator, related cases, and AI research tools

Open in FLexlaw