GUSTAV KAKUK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THOMPSON, J.
Gustav Kakuk appeals the sentence imposed after a violation of probation. We reverse.
The record shows that after Kakuk was originally sentenced in 1991, he moved for correction of the sentence. In 1993, the court corrected the scoresheet and resen-tenced Kakuk. Kakuk subsequently violated the terms of his probation. Thereafter, at Kakuk’s 1997 sentencing, defense counsel stated that he thought the original scoresheet had been corrected pursuant to court order. The court could not find any such order, and accepted the original scoresheet as accurate. The state concedes that the argument made by Kakuk is correct, but argues the issue was not adequately preserved for appeal citing Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA), rev. granted, 718 So. 2d 169 (Fla.1998). We disagree and conclude that defense counsel adequately preserved the issue for appeal. Accordingly, the sentence is vacated with directions that a correct scoresheet be prepared and that the defendant be resen-tenced in accordance therewith. See Terry v. State, 588 So. 2d 63 (Fla. 5th DCA 1991).
SENTENCE VACATED with directions.
W. SHARP, and HARRIS, JJ., concur.
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Spurgiesz v. Lesley J. Graves, 750 So. 2d 771 (Fla. 5th DCA 2000)…z complains that the trial court entered the permanent injunction without affording him a full evidentiary hearing, per Section 741.30(5)(c), Florida Statutes (1997) and Rule 12.610(c)(1)(B) of the Family Law Rules of Procedure. See Segui v. Nester, 745 So. 2d 591 (Fla. 5th DCA 1999) (reversing dismissal of petition for injunction against repeat violence because the trial court dismissed petition without providing an evidentiary hearing); Brand v. Elliott, 610 So. 2d 37 (Fla. 5th DCA 1992) (reversing final or…
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Sanchez v. State, 785 So. 2d 672 (Fla. 4th DCA 2001)…use the dismissal had been entered without giving the petitioner due notice and an opportunity to be heard. The district court specified that on remand, “section 741.30 and the requirements of due process must be observed.” See also Segui v. Nester, 745 So. 2d 591 (Fla. 5th DCA 1999) (reversing the dismissal of a petition for an injunction against repeat domestic violence pursuant to section 784.046, which contains a provision identical in effect to that in section 741.30(5)(c) quoted above, because the dismi…
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Sumner v. Sumner, 862 So. 2d 93 (Fla. 2d DCA 2003)…the final hearing. Due process, however, required that the court provide the Wife an opportunity to be heard on whether the temporary injunction previously entered should have been transformed into a permanent injunction. See, e.g., Segui v. Nester, 745 So. 2d 591 (Fla. 5th DCA 1999). We reverse the order dismissing the Wife’s petition for an injunction for protection against domestic violence. We affirm the final judgment of dissolution in part, reverse in part, and remand the case for [*96] further proceed…
Authorities Cited
- Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998)
- Silver Pines P'rs Ltd. v. The Resolution Tr. Corp., 588 So. 2d 63 (Fla. 5th DCA 1991)
- Terry v. State, 588 So. 2d 63 (Fla. 5th DCA 1991)