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State v. Paul

District Court of Appeal of Florida, Fourth District
Feb 1, 1989
537 So. 2d 702 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1951.

February 1, 1989.

Appeal from the Circuit Court for Broward County; Russell E. Seay, Jr., Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan Fowler, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellee.


We reverse and remand for resentencing. When the sentencing court does not have an accurate scoresheet before it or does not approve the scoresheet, prior to rendering sentence, reversal for resentencing based on an accurate and approved guidelines scoresheet is warranted. Fla.R.Crim.P. 3.701(d)(1); Richards v. State, 502 So.2d 1000 (Fla. 2d DCA 1987); Parker v. State, 506 So.2d 86 (Fla. 2d DCA 1987); Jaggers v. State, 492 So.2d 418 (Fla. 1st DCA 1986). The parties' dispute over the accuracy of the guidelines scoresheet, the absence of proof as to its accuracy, and the fact that the trial court did not approve the scoresheet prior to rendering sentencing compels that the sentence imposed be vacated. Resentencing does not preclude the trial court from modifying the original sentence of one year and one day upon consideration of an accurate and approved scoresheet.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT HEREWITH.

GLICKSTEIN, WALDEN and STONE, JJ., concur.


Summaries of

State v. Paul

District Court of Appeal of Florida, Fourth District
Feb 1, 1989
537 So. 2d 702 (Fla. Dist. Ct. App. 1989)
Case details for

State v. Paul

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. KELVIN B. PAUL, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 1, 1989

Citations

537 So. 2d 702 (Fla. Dist. Ct. App. 1989)

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We also note that the record contains no indication that a scoresheet was prepared for, or used in, the…