Opinion
No. 95-3622.
October 16, 1996.
An appeal from the Circuit Court for Franklin County. William L. Gary, Judge.
Nancy A. Daniels, Public Defender; Jean R. Wilson, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Charmaine M. Millsaps, Assistant Attorney General, Tallahassee, for Appellee.
Leroy Yarrell (Yarrell) appeals from his sentence, arguing that his scoresheet contains errors. We agree.
Yarrell pleaded no contest in case 95-77 to resisting an officer with violence, committed on May 1, 1995, in Franklin County. Yarrell then was placed on community control; he violated community control by absenting himself from his residence on July 2, 1995. The trial judge revoked Yarrell's community control and sentenced Yarrell to 33.3 months in prison.
Yarrell argues and the State concedes that the scoresheet was incorrectly calculated in that it failed to subtract the required twenty-eight points from the total sentence points. We also agree with Yarrell's assertion that only six "release program violation" points, rather than twelve, should have been imposed, because only one program violation occurred in that case. These errors placed Yarrell in a harsher sentencing category than he would have occupied on a correctly calculated scoresheet. We therefore reverse and remand for resentencing. Hills v. State, 661 So.2d 1314 (Fla. 1st DCA 1995).
We accordingly affirm Yarrell's conviction, reverse his sentence, and remand for sentencing upon a correctly calculated scoresheet.
ALLEN, WEBSTER and LAWRENCE, JJ., concur.