Summary
In Marshalek v. State, 536 So.2d 1072 (Fla. 4th DCA 1988), the trial court scored legal constraint points based on outstanding warrants for defendant's failure to appear on two traffic charges.
Summary of this case from Pierre v. StateOpinion
No. 87-1914.
November 9, 1988.
Appeal from the Circuit Court, Broward County, Robert B. Carney, J.
Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Amy Lynn Diem, Asst. Atty. Gen., West Palm Beach, for appellee.
The trial court did not err when it denied appellant's motion to suppress his statements as involuntary and the record contains sufficient evidence to support appellant's convictions. Accordingly, we affirm appellant's convictions.
However, the trial court erred when it scored thirty points on appellant's guidelines scoresheet for his being under legal constraint at the time of the subject offenses. The court based the additional thirty point score upon two outstanding warrants for appellant's failure to appear on two traffic charges. At the sentencing hearing, appellant introduced copies of county court orders subsequently recalling the warrants because appellant did not receive notice of the hearings. We hold that the trial court should not have assessed appellant with points for being under legal constraint when appellant had no notice of the outstanding warrants. Therefore we reverse the sentence imposed by the trial court and remand this cause with instructions to compute appellant's guidelines scoresheet without the inclusion of points for legal constraint and to resentence appellant within the applicable guidelines range.
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
LETTS, DELL and GUNTHER, JJ., concur.