ERIC ALEXANDER TURNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
This cause is before us on appeal from a final judgment and sentence ordering Appellant to serve 28 months’ imprisonment for three counts of violation of probation. We remand to the trial court for resentencing, as it appears that the trial court erroneously multiplied community sanction violation points by the number of counts presented. § 921.014, Fla. Stat. (Supp. 1996); rule 3.703(d)(17), Fla. R. Crim P. We direct that the trial court resentence in light of Williams v. State, 720 So. 2d 590 (Fla. 2d DCA 1998), noting that, in contrast to Williams, Appellant violated his probation and committed two new misdemeanors, which should be considered. Accordingly, we reverse and remand for re-sentencing.
BARFIELD, C.J., and BOOTH and WOLF, JJ., CONCUR.
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Blount v. State, 743 So. 2d 147 (Fla. 1st DCA 1999)…ccessive probation violations, not the number of cases before the court for sentencing, not the number of probation conditions a defendant violated, and not the number of times he violated probation. (Slip opinion pp. 6-7). See also Turner v. State, 735 So. 2d 616 (Fla. 1st DCA 1999); and Williams v. State, 720 So. 2d 590 (Fla. 2d DCA 1998). Thus, it was error to assess 36 community sanction violation points based on the rationale that appellant’s new felony convictions violated his community sanction sentenc…
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Frazier v. State, 743 So. 2d 1149 (Fla. 1st DCA 1999)…nt argues that under section 921.0024(l)(b) and rule 3.703(d)(17) a maximum of 12 community sanction violation points may be assessed for each new felony conviction. We agree. See Brown v. State, 741 So. 2d 1242 (Fla. 1st DCA 1999); Turner v. State, 735 So. 2d 616 (Fla. 1st DCA 1999); see also Williams v. State, 720 So. 2d 590 (Fla. 2d DCA 1998). Because appellant’s community sanction violation is based on a single new felony offense, no more than 12 community sanction violation points can be assessed. REVE…
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Arnold v. State, 765 So. 2d 98 (Fla. 1st DCA 2000)…ppeals the assessment of 84 community sanction violation points on his sentencing guidelines scoresheet. The State properly concedes error. We reverse and remand for resentencing. Brown v. State, 741 So. 2d 1242 (Fla. 1st DCA 1999); Turner v. State, 735 So. 2d 616 (Fla. 1st DCA 1999). ERVIN, BOOTH and BENTON, JJ., CONCUR.…
Authorities Cited
- Williams v. State, 720 So. 2d 590 (Fla. 2d DCA 1998)