STATE OF FLORIDA, PETITIONER,
v.
STEVEN RUBIN, ET AL., RESPONDENTS
PER CURIAM.
We have for review Rubin v. State, 697 So. 2d 161 (Fla. 3d DCA 1997), which certified conflict with Hines v. State, 587 So. 2d 620 (Fla. 2d DCA 1991), concerning scoresheet errors. We have jurisdiction. See art. V, § 3(b)(4).
We resolved this issue in State v. Mackey, 719 So. 2d 284 (Fla.1998), by disapproving a rule of per se reversal in cases involving scoresheet errors. To that extent, we disapproved Mackey and approved Hines. Accordingly, that portion of the district court’s decision that applied the per se rule of reversal is quashed. We remand for the Third District’s reconsideration of this case in light of our decision in Mackey.
It is so ordered.
HARDING, C.J., and OVERTON, SHAW, KOGAN, WELLS, ANSTEAD and PARIENTE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Jordan v. State, 728 So. 2d 748 (Fla. 3d DCA 1998)…So. 2d 22, 23 (Fla. 3d DCA 1987); see also Mackey v. State, 703 So. 2d 1183, 1185 (Fla. 3d DCA 1997), review granted, No. 92,179, 719 So. 2d 284 (Fla. May 19, 1998); Rubin v. State, 697 So. 2d 161, 162 (Fla. 3d DCA 1997), review granted, No. 91,270, 721 So. 2d 716 (Fla. Mar. 17, 1998); Smith v. State, 678 So. 2d 1374, 1376 (Fla. 4th DCA 1996). . This was evidently in response to the problem identified by Iacovone v. State, 639 So. 2d 1108 (Fla. 2d DCA 1994), approved on other grounds, 660 So. 2d 1371 (Fla.19…
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Sewall v. State, 783 So. 2d 1171 (Fla. 5th DCA 2001)…one of grand theft, his victims economic loss was an inherent factor in the crime precluding a departure sentence based upon economic hardship citing Rubin v. State, 697 So. 2d 161, 163 (Fla. 3d DCA 1997), reversed on other grounds, State v. Rubin, 721 So. 2d 716 (Fla.1998). Since economic loss is an in [*1179] herent component of every theft, the amount of loss itself cannot alone justify a departure sentence. See Rubin, 697 So. 2d at 163. However, where there is a preponderance of proof that the victim sus…
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Rubin v. State, 734 So. 2d 1089 (Fla. 3d DCA 1999)…Steven Rubin’s sentence due to an incorrectly calculated scoresheet and remanded this cause for the trial court to resentence him under a properly calculated scoresheet without addressing his challenges to the departure sentence. See State v. Rubin, 721 So. 2d 716, 716 (Fla.1998). Pursuant to the supreme court’s mandate in State v. Rubin, we now consider whether the court’s use of the improperly calculated scoresheet adversely affected the sentences imposed against the appellant. See Hines v. State, 587 So. 2…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. MacKey, 719 So. 2d 284 (Fla. 1998)
- Hines v. State, 587 So. 2d 620 (Fla. 2d DCA 1991)
- Rubin v. State, 697 So. 2d 161 (Fla. 3d DCA 1997)