DONALD PRICE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed a prison sentence imposed after revocation of community control because the trial court failed to prepare and review a sentencing scoresheet as required by law.
A sentence imposed without a properly prepared and reviewed sentencing scoresheet violates Florida Rule of Criminal Procedure 3.702(d)(2) and cannot be upheld.
[1] A sentencing judge must prepare and review a sentencing scoresheet as required by Florida Rule of Criminal Procedure 3.702(d)(2), and absence of a scoresheet from the rec…
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Join FLexlaw to unlock all legal intelligence“Without a properly prepared score-sheet in the record, we cannot determine if the sentence under review is a legal one.”
Court explaining why absence of scoresheet requires reversal
Appellant was serving community control when violations led to revocation. The trial court sentenced him to concurrent terms of five years for resisti…
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PER CURIAM.
The appellant was serving a term of community control but because of proven violations the trial court revoked the community control and sentenced him to prison. The trial court imposed concurrent sentences of five years for the underlying offense of resisting arrest with violence and five and one-half years for possession of a firearm by a convicted felon. The two convictions stemmed from offenses occurring in March and October 1993. The transcript of the sentencing hearing does not disclose that a sentencing scoresheet was used or discussed except that the prosecutor represented to the court that a sentence of five and one-half years was the maximum. The record in this ease contains no scoresheet of any kind and the Clerk of the Circuit Court has certified that there is none in the appellant’s record.
Without a properly prepared score-sheet in the record, we cannot determine if the sentence under review is a legal one. Pedrero v. State, 499 So. 2d 26 (Fla. 2d DCA 1986); Barr v. State, 474 So. 2d 417 (Fla. 2d DCA 1985). Moreover, Florida Rule of Criminal Procedure 3.702(d)(2) requires the preparation of a scoresheet and that the sentencing judge review it for accuracy. We reject the State’s argument that the absence of a scoresheet is irrelevant here finding the eases cited for that argument, Mixon v. State, 497 So. 2d 720 (Fla. 2d DCA 1986), and Davis v. State, 461 So. 2d 1361 (Fla. 2d DCA), review denied, 471 So. 2d 43 (Fla.1985), distinguishable.
We reverse the sentence under review and remand for resentencing with a properly prepared scoresheet.
DANAHY, A.C.J., and PATTERSON and LAZZARA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Davis v. State, 461 So. 2d 1361 (Fla. 2d DCA 1985)
- Barr v. State, 474 So. 2d 417 (Fla. 2d DCA 1985)
- Mixon v. State, 497 So. 2d 720 (Fla. 2d DCA 1986)
- Pedrero v. State, 499 So. 2d 26 (Fla. 2d DCA 1986)