Degon v. State

District Court of Appeal of Florida

Degon v. State

680 So. 2d 454, 1996 Fla. App. LEXIS 368, 1996 WL 17267

District Court of Appeal of Florida·Decided January 19, 1996·No. No. 94-4337·Published

Opinion

PER CURIAM.

We affirm without further discussion the revocation of appellant’s probation. However, we vacate appellant’s sentence because the trial court did not have before it a score-sheet at the time of sentencing, and it cannot be determined whether appellant received a guidelines sentence absent a scoresheet. E.g., Brown v. State, 623 So.2d 800 (Fla. 4th DCA 1993), review denied, 634 So.2d 627 (Fla.1994); Barr v. State, 474 So.2d 417 (Fla. 2d DCA 1985). On remand, the trial court is directed to resentence appellant, with reference to a properly prepared scoresheet.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

ERVIN, WEBSTER and LAWRENCE, JJ., concur.

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PER CURIAM.

We affirm without further discussion the revocation of appellant’s probation. However, we vacate appellant’s sentence because the trial court did not have before it a score-sheet at the time of sentencing, and it cannot be determined whether appellant received a guidelines sentence absent a scoresheet. E.g., Brown v. State, 623 So.2d 800 (Fla. 4th DCA 1993), review denied, 634 So.2d 627 (Fla.1994); Barr v. State, 474 So.2d 417 (Fla. 2d DCA 1985). On remand, the trial court is directed to resentence appellant, with reference to a properly prepared scoresheet.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

ERVIN, WEBSTER and LAWRENCE, JJ., concur.

Degon v. State, 680 So. 2d 454, 1996 Fla. App. LEXIS 368, 1996 WL 17267 (Fla. Ct. App. 1996).

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Opinion

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