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Morris v. State

District Court of Appeal of Florida, Third District
Dec 10, 1997
701 So. 2d 1268 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 97-1710

Opinion filed December 10, 1997.

An Appeal from the Circuit Court for Dade County, Martin D. Kahn, Judge.

Bennett H. Brummer, Public Defender, and Maria E. Lauredo, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Richard L. Polin, Assistant Attorney General, and Todd L. Wallen, Certified Legal Intern, for appellee.

Before GERSTEN, FLETCHER, and SHEVIN, JJ.


Appellant, Ira Cliton Morris, appeals his sentence upon revocation of community control claiming the trial court improperly found his sentencing scoresheet accurate without requiring corroboration of his prior convictions. The State is required to produce evidence corroborating disputed prior convictions when these are considered for sentencing. See Morgan v. State, 550 So.2d 151 (Fla. 3d DCA 1989). Accordingly, we remand to verify the accuracy of the prior convictions, recalculate the sentencing scoresheet if required, and if also required, resentence the defendant pursuant to the sentencing guidelines. See Thompson v. State, 585 So.2d 1130 (Fla. 3d DCA 1991); Brantley v. State 570 So.2d 364 (Fla. 3d DCA), cause dismissed, 576 So.2d 285 (Fla. 1990).

Reversed and remanded.


Summaries of

Morris v. State

District Court of Appeal of Florida, Third District
Dec 10, 1997
701 So. 2d 1268 (Fla. Dist. Ct. App. 1997)
Case details for

Morris v. State

Case Details

Full title:IRA CLITON MORRIS, APPELLANT, vs. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 10, 1997

Citations

701 So. 2d 1268 (Fla. Dist. Ct. App. 1997)