Belew v. State

District Court of Appeal of Florida

Belew v. State

616 So. 2d 120, 1993 Fla. App. LEXIS 3463, 1993 WL 86441

District Court of Appeal of Florida·Decided March 24, 1993·No. No. 91-03442·Published·Cited by 1 cases

Opinion

PER CURIAM.

We affirm defendant’s conviction without comment. However, it appears that no sentencing guidelines scoresheet was ever filed. Thus, in “an abundance of caution,” we remand this case to the trial court to clarify whether the guidelines scoresheet referred to by the state and defense counsel at the sentencing hearing was “physically present before the judge and the court on the date of sentencing.” Caracciolo v. State, 564 So.2d 1162, 1163 (Fla. 4th DCA 1990).

Affirmed but remanded.

DANAHY, A.C.J., HALL, J., and ROBERTS, SUSAN W., Associate Judge, concur.

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PER CURIAM.

We affirm defendant’s conviction without comment. However, it appears that no sentencing guidelines scoresheet was ever filed. Thus, in “an abundance of caution,” we remand this case to the trial court to clarify whether the guidelines scoresheet referred to by the state and defense counsel at the sentencing hearing was “physically present before the judge and the court on the date of sentencing.” Caracciolo v. State, 564 So.2d 1162, 1163 (Fla. 4th DCA 1990).

Affirmed but remanded.

DANAHY, A.C.J., HALL, J., and ROBERTS, SUSAN W., Associate Judge, concur.

Belew v. State, 616 So. 2d 120, 1993 Fla. App. LEXIS 3463, 1993 WL 86441 (Fla. Ct. App. 1993).

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Opinion

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