STATE OF FLORIDA, APPELLANT,
v.
JOVANEK MILLER, APPELLEE
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PER CURIAM.
Appellee, Jovanek Miller, was sentenced to time served for violation of probation and six months in county jail for burglary of a conveyance. The trial court sentenced Miller for both offenses on the same day but utilized two separate guideline score-sheets to calculate the sentences. The State appeals on the ground that the trial court erred in failing to use one scoresheet for all of the offenses pending before the court at the time of sentencing. We agree. Because both of Miller’s offenses fell under the same version of the sentencing guidelines, the trial court should have utilized one guideline scoresheet. See Fla. R.Crim. P. 3.703(d)(2); Harris v. State, 619 So. 2d 1043, 1044 (Fla. 4th DCA 1993).
Reversed and remanded for resentencing.
WARNER, C.J., FARMER and STEVENSON, JJ., concur.
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Robertson v. State, 829 So. 2d 901 (Fla. 2002)…sic] him along, His conduct still right, with his argument wrong; Still aiming at honour, yet fearing to roam, The coachman was tipsy, the chariot drove home;.... . See Acevedo v. State, 787 So. 2d 127, 128-29 (Fla. 3d DCA 2001); Smith v. State, 743 So. 2d 141, 143 (Fla. 4th DCA 1999); Smith v. State, 700 So. 2d 446, 447 (Fla. 1st DCA 1997); Audano v. State, 641 So. 2d 1356, 1359-60 (Fla. 2d DCA 1994); Malcolm v. State, 415 So. 2d 891, 892 (Fla. 3d DCA 1982); Chapman v. State, 417 So. 2d 1028, 1031 (Fla.…
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Sinclair v. State, 50 So. 3d 1223 (Fla. 4th DCA 2011)…sibility that the error complained of contributed to the verdict. See Ventura v. State, 29 So. 3d 1086, 1089 (Fla.2010). Because of its prejudicial nature, “[e]rroneous admission of evidence of collateral crimes is presumed harmful.” Smith v. State, 743 So. 2d 141, 144 (Fla. 4th DCA 1999) (citing Castro v. State, 547 So. 2d 111 (Fla.1989)). We cannot say, beyond a reasonable doubt, that the accusation that Defendant stole the firearm that was later found in the Chevy Caprice did not contribute to the guilty v…
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Acevedo v. State, 787 So. 2d 127 (Fla. 3d DCA 2001)…be admissible there must be proof of a connection between the defendant and the collateral occurrences. In this respect mere suspicion is insufficient. The proof should be clear and convincing. Id. at 543 (emphasis added); see also Smith v. State, 743 So. 2d 141, 143 (Fla. 4th DCA 1999) (finding the trial court erred in admitting evidence of collateral crimes where there was not clear and convincing evidence that the defendant committed the collateral crimes); Audano v. State, 641 So. 2d 1356 (Fla. 2d DCA 1…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Reed v. State, 619 So. 2d 1043 (Fla. 3d DCA 1993)
- Harris v. State, 619 So. 2d 1043 (Fla. 4th DCA 1993)