CHARLES SINGLETON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLES SINGLETON, APPELLANT,
STATE OF FLORIDA, APPELLEE
760 So. 2d 250
Florida District Court of Appeal, Second District (2000)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Charles Singleton appeals a sentence of 38 months’ imprisonment imposed as a result of his conviction for possession of cocaine and possession of paraphernalia. Mr. Singleton does not challenge the conviction. We reverse the sentence and remand for resentencing, because the State included on the sentencing scoresheet, over objection, convictions that were not established by certified copies of the judgments. See Kincaid v. State, 734 So. 2d 517 (Fla. 5th DCA 1999). On remand, the State may produce evidence of the prior convictions or remove them from the scoresheet.
Reversed and remanded.
THREADGILL, A.C.J., and ALTENBERND and GREEN, JJ„ concur.
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Lloyd v. State, 844 So. 2d 713 (Fla. 2d DCA 2003)…See Cameron v. State, 807 So. 2d 744 (Fla. 4th DCA 2002); Brown v. State, 701 So. 2d 410 (Fla. 1st DCA 1997); Henderson v. State, 651 So. 2d 822 (Fla. 4th DCA 1995). See, e.g., Pelham v. State, 815 So. 2d 733 (Fla. 2d DCA 2002); Singleton v. State, 760 So. 2d 250 (Fla. 2d DCA 2000); Yankovski v. State, 785 So. 2d 1283 (Fla. 5th DCA 2001); see also Mann v. State, 453 So. 2d 784 (Fla.1984). There may be some occasions when the State should be prevented from seeking a habitual offender sentence on remand, but…
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D.D. v. State, 801 So. 2d 216 (Fla. 4th DCA 2001)…n but remand for resentencing as the State agrees we must, because the court erred in imposing an indefinite term of probation. Such a juvenile sentence cannot be longer than the maximum term an adult could serve for the same offense. J.H. v. State, 760 So. 2d 250 (Fla. 2d DCA 2000). POLEN, C.J., KLEIN and STEVENSON, JJ., concur.…
Authorities Cited
- Kincaid v. State, 734 So. 2d 517 (Fla. 5th DCA 1999)