Linen v. State

Full title: HARVEY LINEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jun 23, 1993

620 So. 2d 254 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-00847.

June 23, 1993.

Appeal from the Circuit Court, Hillsborough County, Edward H. Ward, J.

James Marion Moorman, Public Defender, and Karen K. Purdy, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Donna Provonsha-Lentz, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm appellant's convictions for robbery, aggravated battery, and aggravated assault. However, the record on appeal contains no sentencing guidelines scoresheet. For all offenses committed after October 1, 1983, preparation and review of a scoresheet is mandatory. See Holton v. State, 573 So.2d 284 (Fla. 1990), cert. denied, ___ U.S. ___, 111 S.Ct. 2275, 114 L.Ed.2d 726 (1991). Unless it can be established after remand that a guideline scoresheet was prepared, and appellant sentenced consistently therewith, appellant will have to be resentenced.

Convictions affirmed; judgments and sentences reversed for further proceedings.

RYDER, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.