TERRY L. OLIVER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, Terry L. Oliver, appeals from a judgment of the trial court revoking his probation. Because of several errors in sentencing, including an incorrectly scored sentencing guidelines scoresheet and an ex parte communication between the appellee State and the court regarding the trial court’s imposition of a downward departure sentence, we remand for resentencing with a properly prepared scoresheet. At resentencing, the trial court may properly consider the downward departure sentence recommended by the Department of Corrections.
Parenthetically, we admonish the State for engaging in an ex parte communication with the trial court. A direct appeal to this court was the proper vehicle by which the State could seek correction of the trial court’s downward departure sentence. See Gartrell v. State, 626 So. 2d 1364 (Fla.1993).
REMANDED FOR RESENTENCING.
POLEN, PARIENTE and SHAHOOD, JJ., concur.
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Vahteice Kirkman v. State, 692 So. 2d 318 (Fla. 5th DCA 1997)…ren v. State, 601 So. 2d 271, 273 (Fla. 1st DCA 1992). Accordingly, we affirm the defendant’s judgment and sentence without prejudice to the defendant raising this claim of ineffective assistance of counsel on collateral review. See Mackey v. State, 687 So. 2d 974 (Fla. 4th DCA 1997). AFFIRMED. GOSHORN and HARRIS, JJ., concur.…
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Oliver v. State, 727 So. 2d 271 (Fla. 4th DCA 1999)…PER CURIAM. Appellant, Terry L. Oliver, appeals the trial court’s sentencing order of April 15, 1997. This is Oliver’s second appeal in this matter. The first appeal resulted in a remand for resentencing. See Oliver v. State, 687 So. 2d 974 (Fla. 4th DCA 1997). Upon remand, Oliver received a guidelines sentence of twelve years. Oliver appeals, contending that he should receive the original downward departure sentence of two years community control followed by five years probation as re…
Authorities Cited
- Gartrell v. State, 626 So. 2d 1364 (Fla. 1993)