MARCEL ANTONIO PHILMORE
v.
STATE OF FLORIDA
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Juvenile adjudications that occurred more than five years before the primary offense must be excluded from a sentencing scoresheet under Florida law.
[1] Juvenile adjudications occurring more than five years before the primary offense must be excluded from a sentencing scoresheet under Florida law.
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Join FLexlaw to unlock all legal intelligenceMarcel Antonio Philmore appealed his conviction and sentence in a Florida Circuit Court. The sentence was calculated using a scoresheet that included …
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PER CURIAM. We reverse for resentencing on a corrected scoresheet without the inclusion of the ten juvenile adjudications which occurred more than five years before the primary offense. See Lyons v. State, 823 So. 2d 250, 251 (Fla. 4th DCA 2002); Lawrence v. State, 590 So. 2d 1068, 1069-70 (Fla. 5th DCA 1991). We affirm the conviction on the remaining issues. See Pickles v. State, 976 So. 2d 690 (Fla. 4th DCA 2008); Bozeman v.State, 698 So. 2d 629, 630 (Fla. 4th DCA 1997). Affirmed in part; reversed and remanded in part. GERBER, C.J., GROSS and KUNTZ, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
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Citator
Authorities Cited
- Bozeman v. State, 698 So. 2d 629 (Fla. 4th DCA 1997)
- Fredrick M. Lawrence v. State, 590 So. 2d 1068 (Fla. 5th DCA 1991)
- Lyons v. State, 823 So. 2d 250 (Fla. 4th DCA 2002)
- Pickles v. State, 976 So. 2d 690 (Fla. 4th DCA 2008)