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

CourtDistrict Court of Appeal of Florida

DecidedMay 22, 1990

DocketNo. 89-1038

StatusPublished

This text of 561 So. 2d 462 (Calhoun v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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.

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561 So. 2d 462, 1990 Fla. App. LEXIS 3547, 15 Fla. L. Weekly Fed. D 1411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calhoun-v-state-fladistctapp-1990.

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