HENRY CLAUDE MONDESIR, JR.
v.
STATE OF FLORIDA
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The trial court did not err in its sentencing methodology, but the sentencing scoresheet must be corrected to exclude juvenile dispositions older than five years.
[1] Juvenile dispositions more than five years old must be excluded from a sentencing scoresheet under the Criminal Punishment Code.
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Join FLexlaw to unlock all legal intelligenceMondesir was convicted of drug charges and sentenced to 60 months on count one and 12 years with a three-year minimum on count two. He appealed arguin…
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MAY, J.
The defendant appeals his conviction on drug charges and concurrent sentences of sixty months as to count one and twelve years with a three-year minimum sentence as to count two. He argues the trial court erred in: (1) failing to use the Criminal Punishment Code (“CPC”) score to inform and guide the defendant’s sentence; (2) placing greater weight on the seriousness of the offense; and (3) relying on an improper sentencing factor. He also argues that the scoresheet incorrectly included juvenile dispositions that were more than five years old.
We affirm on the first three issues without further comment. The State agrees that the scoresheet incorrectly includes juvenile dispositions that were more than five years old. We therefore remand the case for correction of the scoresheet. Affirmed, but remanded for correction of the scoresheet. CIKLIN and GERBER, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.