JOSE LOPEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed and remanded where trial court failed to enter a written probation revocation order and improperly assessed six points on the sentencing scoresheet for community sanction violation.
A trial court must enter a formal written order revoking probation and must correct sentencing scoresheets that erroneously assess points for community sanction violations, requiring remand for resentencing.
[1] A trial court must enter a formal written order when revoking probation, and a scoresheet that erroneously assesses points for community sanction violation requires reman…
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Join FLexlaw to unlock all legal intelligenceJose Lopez's probation was revoked and he was sentenced, but the trial court failed to enter a written revocation order and improperly added six point…
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GREEN, Judge.
The appellant, Jose Lopez, challenges the order of the trial court denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(b). Lopez’s motion asserted that the court erred in failing to enter a formal, written order revoking probation and in failing to correct his scoresheet which erroneously reflects an additional six points for community sanction violation. We agree on both points and reverse. Lopez does not contest the revocation of his probation but asserts that the court erred in failing to enter a written order. The State concedes error. See Monroe v. State, 760 So. 2d 289 (Fla. 2d DCA 2000). We remand for the trial court to enter a formal, written order revoking Lopez’s probation.
The State also concedes Lopez was improperly assessed an additional six points for community sanction violation. See Williams v. State, 720 So. 2d 590 (Fla. 2d DCA 1998). Although a corrected score-sheet would not change the recommended guideline sentence of a nonprison sanction, the error is not harmless because the record fails to conclusively show that the trial court would have imposed the same sentence if it knew the correct score. See Mohn v. State, 728 So. 2d 873 (Fla. 2d DCA 1998). We remand for resentencing based on a correct scoresheet.
Reversed and remanded.
FULMER and DAVIS, JJ., concur.
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Citator
Cited By
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Stanford v. State, 833 So. 2d 174 (Fla. 3d DCA 2002)…at the improper gradation of the appellant’s conviction under Section 539.001(8)(b)8 may have influenced the trial court’s sentencing of the remaining conviction as well, we should remand this entire case for resentencing. See Lopez v. [*177] State, 811 So. 2d 815 (Fla. 2d DCA 2002); Mohn v. State, 723 So. 2d 873 (Fla. 2d DCA 1998). We therefore reverse the appellant’s second degree felony conviction and remand with instructions that it be reduced to a third degree felony conviction and that this entire cause…
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Moreno v. State, 266 So. 3d 1246 (Fla. 4th DCA 2019)
Authorities Cited
- Williams v. State, 720 So. 2d 590 (Fla. 2d DCA 1998)
- Monroe v. State, 760 So. 2d 289 (Fla. 2d DCA 2000)