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Judy v. State

District Court of Appeal of Florida, First District
May 1, 2000
756 So. 2d 1089 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-0980.

Opinion filed May 1, 2000.

An appeal from the Circuit Court for Leon County, George S. Reynolds, III, Judge.

Nancy A. Daniels, Public Defender; P. Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Lori D. Stith, Assistant Attorney General, Tallahassee, for Appellee.


Appellant contends that the trial court erred in sentencing him without an accurate, verified scoresheet. Prior to the trial court's pronouncement of sentence, appellant contested the accuracy of an arson conviction scored as part of his prior record. Appellant contended he was never convicted of arson. The prosecutor submitted a certified conviction for one count of attempted arson, but indicated he did not have certified convictions for other prior record scored on the scoresheet. Because the trial court failed to require the state to present corroborating evidence of the arson conviction scored on the guidelines scoresheet, we must vacate the sentence and remand for resentencing. See Calhoun v. State, 721 So.2d 1180 (Fla. 1st DCA 1998); Hamilton v. State, 658 So.2d 1233 (Fla. 1st DCA 1995);Johnson v. State, 583 So.2d 386 (Fla. 1st DCA 1991).

Accordingly, we vacate appellant's sentence and remand to the trial court for resentencing, with directions to afford the state an opportunity to corroborate the challenged arson conviction before appellant is resentenced pursuant to an accurate, verified scoresheet.

BOOTH and WEBSTER, JJ., CONCUR.


Summaries of

Judy v. State

District Court of Appeal of Florida, First District
May 1, 2000
756 So. 2d 1089 (Fla. Dist. Ct. App. 2000)
Case details for

Judy v. State

Case Details

Full title:WILLIAM P. JUDY, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: May 1, 2000

Citations

756 So. 2d 1089 (Fla. Dist. Ct. App. 2000)