THOMAS MILLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse Appellant’s sentence and remand for resentencing under a corrected scoresheet.
It was error to score 21 points for being under legal constraint as there is no testimony or written evidence before the court that Appellant was under any type of constraint at the time of the offense. Brown v. State, 632 So. 2d 1052, 1053 (Fla. 5th DCA 1994). See also Schott v. State, 641 So. 2d 465 (Fla. 4th DCA 1994); Blanton v. State, 546 So. 2d 1181, 1183 (Fla. 5th DCA 1989).
It was also error to score points for two juvenile felony commitments that show on their face that Appellant was not represented by counsel. As to one, there was no attorney and no evidence of a waiver. As to the other, there also was no attorney and a purported waiver was deficient. The document was not a certified copy, and when Appellant objected, the state could not demonstrate that the signature was Appellant’s. See § 39.061, Fla.Stat. (1995); Dickerson v. State, 586 So. 2d 477, 478 (Fla. 4th DCA 1991); Cooper v. State, 538 So. 2d 105 (Fla. 4th DCA 1989).
GLICKSTEIN, STONE and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mills v. State, 724 So. 2d 173 (Fla. 4th DCA 1998)…STONE, Chief Judge. We reverse Appellant’s sentence and remand for re-sentencing. Appellant was before the trial court for re-sentencing following a successful appeal of his initial 25-yeár sentence in Mills v. State, 690 So. 2d 735 (Fla. 4th DCA 1997). We found reversible error in the original sentence for impermissibly scored points for being under legal constraint and for prior juvenile felony commitments that failed to show that Mills was either represented by, or validly w…
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Polanco v. State, 710 So. 2d 63 (Fla. 3d DCA 1998)…cing, and direct the trial court to remove the 21 points for legal constraint because the State never proved, by competent evidence before the trial court, that defendant was under legal constraint when he committed this offense. See Mills v. State, 690 So. 2d 735 (Fla. 4th DCA 1997); Schott v. State, 641 So. 2d 465 (Fla. 4th DCA 1994); Brown v. State, 632 So. 2d 1052 (Fla. 5th DCA 1994). Without that evidence, the points must be removed. Id. at 1053. Just as the State must be prepared to go forward with it…
Authorities Cited
- Brown v. State, 632 So. 2d 1052 (Fla. 5th DCA 1994)
- State v. Zaiser, 546 So. 2d 1181 (Fla. 5th DCA 1989)
- Blanton v. State, 546 So. 2d 1181 (Fla. 5th DCA 1989)
- Cooper v. State, 538 So. 2d 105 (Fla. 4th DCA 1989)
- Schott v. State, 641 So. 2d 465 (Fla. 4th DCA 1994)
- Dickerson v. State, 586 So. 2d 477 (Fla. 4th DCA 1991)