Calhoun v. State

District Court of Appeal of Florida

Calhoun v. State

561 So. 2d 462, 1990 Fla. App. LEXIS 3547, 15 Fla. L. Weekly Fed. D 1411

District Court of Appeal of Florida·Decided May 22, 1990·No. No. 89-1038·Published

Opinion

PER CURIAM.

The defendant contends, and the State concedes, that the trial court improperly included, in the sentencing scoresheet, an offense for which he had not yet been convicted at the time of sentencing. Logan v. State, 511 So.2d 442 (Fla. 5th DCA 1987); Fla.R.Crim.P. 3.701(d)(4). It is further conceded by the State that the sentencing guidelines scoresheet is largely incomprehensible. The final judgments of conviction under review are affirmed but, for the reasons expressed above, the sentences are reversed and the cause is remanded to the trial court with directions to resentence the defendant with a properly prepared sentencing guidelines scoresheet.

Affirmed in part, reversed in part, and remanded.

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PER CURIAM.

The defendant contends, and the State concedes, that the trial court improperly included, in the sentencing scoresheet, an offense for which he had not yet been convicted at the time of sentencing. Logan v. State, 511 So.2d 442 (Fla. 5th DCA 1987); Fla.R.Crim.P. 3.701(d)(4). It is further conceded by the State that the sentencing guidelines scoresheet is largely incomprehensible. The final judgments of conviction under review are affirmed but, for the reasons expressed above, the sentences are reversed and the cause is remanded to the trial court with directions to resentence the defendant with a properly prepared sentencing guidelines scoresheet.

Affirmed in part, reversed in part, and remanded.

Calhoun v. State, 561 So. 2d 462, 1990 Fla. App. LEXIS 3547, 15 Fla. L. Weekly Fed. D 1411 (Fla. Ct. App. 1990).

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Opinion

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