RICKY COPELAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's sentences vacated because community sanction violation points were improperly assessed on the 1998 offense guidelines scoresheet when the probation violation pertained only to the 1995 offense.
Community sanction violation points under Fla. R.Crim. P. 3.703(d)(17) may be assessed only when the violation is before the court for sentencing on the specific offense scoresheet, not when the violation pertains to a separate prior offense.
[1] Community sanction violation points under Fla. …
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Join FLexlaw to unlock all legal intelligenceCopeland was on probation for a 1995 offense when he committed a new offense in 1998. His probation was revoked, and separate guidelines scoresheets w…
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PER CURIAM.
The appellant was on probation for a 1995 offense when he committed a new offense in 1998. The appellant’s probation was revoked, and because the sentencing guidelines had changed different score-sheets were prepared for each offense. In accordance with Fla. R.Crim. P. 3.702(d)(10), “release program violation” points were assessed on the guidelines scoresheet for the 1995 offense. “Community sanction violation” points were assessed on the guidelines scoresheet for the 1998 offense. Both of these assessments were based on the appellant’s violation of probation for the 1995 offense.
Fla. R.Crim. P. 3.703(d)(17) applies to the appellant’s 1998 offense, and authorizes an assessment of community sanction violation points “when a community sanction violation is before the court for sentencing.” The appellant violated probation only for the 1995 offense, and that violation was therefore not before the court for sentencing under the separate guidelines scoresheet for the 1998 offense. The community sanction violation points thus should not have been assessed on the guidelines scoresheet for the 1998 offense.
The appellant’s sentences are vacated, and the case is remanded for resentencing.
ALLEN, LAWRENCE and BENTON, JJ„ CONCUR.
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Swain v. State, 842 So. 2d 858 (Fla. 2d DCA 2003)…(Fla.1998). Finally, as to case numbers 97-11112 and 97-20542, the trial court erroneously included twelve points for community sanction violation when there was no community sanction violation applicable to that scoresheet. See Copeland v. State, 765 So. 2d 216, 216 (Fla. 1st DCA 2000). We therefore reverse and remand for resentencing pursuant to this opinion. Because the resentencing may result in much shorter sentences and Mr. Swain has served a significant portion of these sentences, the trial court sh…