WILLIAM TEAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
William Teal belatedly appeals judgments and sentences imposed in February 1997. We affirm all of the judgments and the habitual felony offender sentences imposed for two counts of sale of cocaine.
We reverse the four guidelines sentences imposed in case numbers 91-20507 and 96-13470. The trial court relied upon a 1995 guidelines scoresheet that improperly included points for the offenses upon which Mr. Teal was sentenced as a habitual offender. See Ricardo v. State, 608 So. 2d 93 (Fla. 2d DCA 1992). On remand, Mr. Teal is entitled to be resentenced on these offenses using a correct guidelines scoresheet. See Heggs v. State, 759 So. 2d 620 (Fla.2000); Trapp v. State, 760 So. 2d 924 (Fla.2000).
Affirmed in part, reversed in part, and remanded.
PATTERSON, C.J., and ALTENBERND and SALCINES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Burkes v. State, 19 So. 3d 385 (Fla. 2d DCA 2009)…reverse as to the guidelines sentence imposed on count two of case number CRC 06-26728 for cocaine possession; the scoresheet improperly included points for the offenses for which Mr. Burkes received habitual offender sentences.1 See Teal v. State, 777 So. 2d 1105 (Fla. 2d DCA 2001). The State properly concedes error. “ ‘When a defendant is being sentenced as a habitual offender for some cases and under the guidelines for other cases at the same hearing, it is improper to score the crimes for which he receive…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)
- Ricardo v. State, 608 So. 2d 93 (Fla. 2d DCA 1992)