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Freeman v. State

District Court of Appeal of Florida, Fourth District
May 14, 1997
693 So. 2d 138 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 95-4425

Opinion filed May 14, 1997

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; M. Daniel Futch, Jr., Judge; L.T. Case No. 94-11987CFB.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.


Dwight Freeman appeals his conviction and sentence for armed robbery. We affirm his conviction, but remand for an evidentiary hearing as to the point raised alleging a sentencing error.

Appellant contends it was error to score as a "prior" conviction a grand theft auto case, as that crime was not committed until after the offense he now appeals. If appellant is correct in this assertion, Florida Rule of Criminal Procedure 3.702(8) would preclude scoring the grand theft auto as a prior conviction. The problem is that this claim was not brought to the attention of the sentencing judge, so a record determination could be made of Freeman's claim.

Accordingly, we remand for the trial court to determine whether the grand theft auto was committed before or after this armed robbery, and to score and sentence appellant accordingly.

POLEN, PARIENTE and SHAHOOD, JJ., concur.


Summaries of

Freeman v. State

District Court of Appeal of Florida, Fourth District
May 14, 1997
693 So. 2d 138 (Fla. Dist. Ct. App. 1997)
Case details for

Freeman v. State

Case Details

Full title:DWIGHT FREEMAN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 14, 1997

Citations

693 So. 2d 138 (Fla. Dist. Ct. App. 1997)