Opinion
No. 94-2473.
October 20, 1995.
Appeal from the Circuit Court for Osceola County; Jose R. Rodriguez, Judge.
James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Lori E. Nelson, Assistant Attorney General, Daytona Beach, for Appellee.
We have identified four errors among appellant's many judgments and sentences: in case number 91-1592, a violation of community control on the charge of Burglary of a Dwelling, Smith was improperly sentenced to fifteen years in the DOC. The guidelines indicate that his score of 107, plus a two-cell bump up for two separate violations of probation, limited the trial court to a maximum sentence of twelve years. The original scoresheet appears to be incorrect. Additionally, the written disposition in each case should reflect the trial court's order that the State Attorney's office in Osceola County should make a non-binding recommendation that any pending cases in Orange County would run concurrent with these sentences. This would not normally be required; however, the court expressly specified at sentencing that it would be done and it was not. In case number 92-1171, the written order should reflect that Smith received a fifteen year term in count I concurrent with a five year term in count II, rather than a twenty year term in count I. Finally, in cases number 94-212, 94-502, 94-629, and 94-792, the written orders should reflect that these cases not only run concurrently with each other but also with the sentences in cases 91-1592, 91-1626 and 92-1171.
Judgments AFFIRMED; sentences VACATED and REMANDED.
HARRIS, GRIFFIN and ANTOON, JJ., concur.