Opinion
No. 5D99-2733.
Opinion filed May 26, 2000.
Appeal from the Circuit Court for Orange County, R. James Stroker, Judge.
James B. Gibson, Public Defender, and A. S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.
We affirm the order revoking probation. See Griffin v. State, 719 So.2d 972 (Fla. 4th DCA 1998); Reyes v. State, 711 So.2d 1378 (Fla. 2d DCA 1998). However, the defendant's sentence is reversed due to the erroneous assessment, pursuant to Florida Rule of Criminal Procedure 3.703(d)(17), of 12 points for community sanction violation. The rule provides for scoring of 12 community sanction violation points "if the [probation] violation results from a new felony conviction." The defendant, however, was not convicted of a new felony offense and accordingly only 6 points should have been assessed for community status violation. Since a corrected score sheet results in a different sentencing range, the cause is remanded for resentencing.
PROBATION REVOCATION AFFIRMED; SENTENCE REVERSED; AND CAUSE REMANDED FOR RESENTENCING.
SHARP, W. and GRIFFIN, JJ., concur.