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Groover v. State

District Court of Appeal of Florida, First District
May 14, 1991
579 So. 2d 343 (Fla. Dist. Ct. App. 1991)

Opinion

No. 89-2824.

May 14, 1991.

Appeal from the Circuit Court, Bradford County, Benjamin M. Tench, J.

Eugene F. Shaw, Starke, for appellant.

Robert A. Butterworth, Atty. Gen., Virlindia Doss, Asst. Atty. Gen., and Robin S. Berghorn, Certified Legal Intern, Tallahassee, for appellee.


Appellant appeals his conviction, after jury trial, of attempted escape and also challenges his 15-year sentence. We affirm his conviction but vacate his sentence and remand for resentencing since a scoresheet was not prepared in this case for consideration by the trial judge. As recognized in Holton v. State, 573 So.2d 284 (Fla. 1991), Florida Rule of Criminal Procedure 3.701(d)(1) provides that a scoresheet shall be prepared and that any sentence must be imposed based on the scoresheet that has been reviewed by the trial judge. See also Brooks v. State, 505 So.2d 639 (Fla. 1st DCA 1987). Therefore, we vacate appellant's sentence and remand for resentencing after preparation of a scoresheet which is considered by the trial judge.

ERVIN, J., and WENTWORTH, Senior Judge, concur.


Summaries of

Groover v. State

District Court of Appeal of Florida, First District
May 14, 1991
579 So. 2d 343 (Fla. Dist. Ct. App. 1991)
Case details for

Groover v. State

Case Details

Full title:TOMMY S. GROOVER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: May 14, 1991

Citations

579 So. 2d 343 (Fla. Dist. Ct. App. 1991)