Opinion
Case No. 95-3961
Opinion filed February 19, 1997
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Sheldon M. Schapiro, Judge; L.T. Case No. 93-5600CF10.
Richard L. Jorandby, Public Defender, and Mallorye G. Cunningham, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and William A. Spillias, Assistant Attorney General, West Palm Beach, for appellee.
Appellant, Terry L. Oliver, appeals from a judgment of the trial court revoking his probation. Because of several errors in sentencing, including an incorrectly scored sentencing guidelines scoresheet and an ex parte communication between the appellee State and the court regarding the trial court's imposition of a downward departure sentence, we remand for resentencing with a properly prepared scoresheet. At resentencing, the trial court may properly consider the downward departure sentence recommended by the Department of Corrections.
Parenthetically, we admonish the State for engaging in an ex parte communication with the trial court. A direct appeal to this court was the proper vehicle by which the State could seek correction of the trial court's downward departure sentence. See Gartrell v. State, 626 So.2d 1364 (Fla. 1993).
REMANDED FOR RESENTENCING.
POLEN, PARIENTE and SHAHOOD, JJ., concur.