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Brown v. State

District Court of Appeal of Florida, Second District
Sep 24, 1993
624 So. 2d 405 (Fla. Dist. Ct. App. 1993)

Opinion

No. 91-03564.

September 24, 1993.

Appeal from the Circuit Court for Hillsborough County; Harry Lee Coe, III, Judge.

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.


Laura Brown appeals her sentences imposed in case number 90-9615, contending the scoresheet contains numerous errors that, if corrected, would result in a lower permitted range. The state has conceded that there are errors in the scoresheet. Accordingly, we reverse Ms. Brown's sentences in case number 90-9615, and remand for resentencing within the maximum range permitted by the guidelines, after recalculating the scoresheet. In this regard, the trial court should be guided by State v. Tito, 616 So.2d 39 (Fla. 1993).

Ms. Brown also contends that the trial court impermissibly extended her probation in case numbers 90-9616, 90-9617, 90-9618, and 90-12265. We do not have jurisdiction to review this issue because Ms. Brown failed to appeal these cases. She may raise this issue in a motion for postconviction relief.

Case number 90-9615 is reversed and remanded for resentencing.

RYDER, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.


Summaries of

Brown v. State

District Court of Appeal of Florida, Second District
Sep 24, 1993
624 So. 2d 405 (Fla. Dist. Ct. App. 1993)
Case details for

Brown v. State

Case Details

Full title:LAURA BROWN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Sep 24, 1993

Citations

624 So. 2d 405 (Fla. Dist. Ct. App. 1993)