From Casetext: Smarter Legal Research

Crenshaw v. State

District Court of Appeal of Florida, Fifth District
Oct 13, 1995
661 So. 2d 400 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2909.

October 13, 1995.

Appeal from the Circuit Court, Marion County, Carven D. Angel, J.

James B. Gibson, Public Defender, and Daisy G. Clements, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Steven J. Guardiano, Assistant Attorney General, Daytona Beach, for Appellee.


After careful review, this court finds the appellant's initial argument, that the trial court erred when sentencing on Case Numbers 93-2915 and 94-1338 because it failed to utilize a single guidelines scoresheet for both offenses, to be without merit. Wood v. State, 655 So.2d 212 (Fla. 5th DCA 1995) (utilizing 1994 scoresheet for new substantive offense and 1993 scoresheet for prior forgery offense where probation had been revoked). See also Heath v. State, 656 So.2d 527 (Fla. 1st DCA 1995) (trial court did not err when it used two guideline scoresheets, one for offenses committed in 1993, and another for offenses committed in 1994). § 921.001(4)(b)1., 2., Fla. Stat. (Supp. 1994).

We agree, however, that the 1994 scoresheet was not as comprehensive as is contemplated by Rule 3.702(d)(1), Florida Rule of Criminal Procedure. As such, the sentence in Case Number 94-1338 is reversed and remanded for a corrected scoresheet and resentencing.

REVERSED AND REMANDED.

PETERSON, C.J., and SHARP, W., J., concur.


Summaries of

Crenshaw v. State

District Court of Appeal of Florida, Fifth District
Oct 13, 1995
661 So. 2d 400 (Fla. Dist. Ct. App. 1995)
Case details for

Crenshaw v. State

Case Details

Full title:DONNA L. CRENSHAW, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Oct 13, 1995

Citations

661 So. 2d 400 (Fla. Dist. Ct. App. 1995)