Columbo v. State

District Court of Appeal of Florida

Columbo v. State

575 So. 2d 1387, 1991 Fla. App. LEXIS 2367, 1991 WL 35406

CourtDistrict Court of Appeal of Florida

DecidedMarch 20, 1991

DocketNo. 89-2036

StatusPublished

This text of 575 So. 2d 1387 (Columbo 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

Columbo v. State, 575 So. 2d 1387, 1991 Fla. App. LEXIS 2367, 1991 WL 35406 (Fla. Ct. App. 1991).

Pincite

Opinion

PER CURIAM.

We affirm the conviction, but vacate the sentence and remand pursuant to Graham v. State, 559 So.2d 343 (Fla. 4th DCA 1990). That case, like the instant one, involved a probation revocation hearing in which the trial court used a different scoresheet for sentencing than the one used in the original proceeding at which the defendant received probation. This court emphasized that the differences in the scoresheets were not mathematical, but rather the second score-sheet included several prior convictions that were missing from the original score-sheet. Id. at 343. This court held that, absent a miscalculation, the original sentencing scoresheet should be used for sentencing in probation revocation proceedings. Id. at 344.

GLICKSTEIN, GUNTHER and WARNER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We affirm the conviction, but vacate the sentence and remand pursuant to Graham v. State, 559 So.2d 343 (Fla. 4th DCA 1990). That case, like the instant one, involved a probation revocation hearing in which the trial court used a different scoresheet for sentencing than the one used in the original proceeding at which the defendant received probation. This court emphasized that the differences in the scoresheets were not mathematical, but rather the second score-sheet included several prior convictions that were missing from the original score-sheet. Id. at 343. This court held that, absent a miscalculation, the original sentencing scoresheet should be used for sentencing in probation revocation proceedings. Id. at 344.

GLICKSTEIN, GUNTHER and WARNER, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

575 So. 2d 1387, 1991 Fla. App. LEXIS 2367, 1991 WL 35406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/columbo-v-state-fladistctapp-1991.

Opinion

Related

Cite This Page — Counsel Stack