Dortch v. State

668 So. 2d 1091, 1996 Fla. App. LEXIS 1921, 1996 WL 91544

Opinion

PER CURIAM.

We have for review the sentence imposed on Michael Jerome Dortch (Dortch) using an incorrectly calculated scoresheet. The scoresheet included eighty-six points for two first-degree felony offenses for which Dortch was not convicted: sale of cocaine within 1000 yards of a school, and possession of cocaine with intent to deliver within 1000 yards of a school. The scoresheet error placed Dortch in a harsher sentencing guidelines range than the range permitted using a correctly calculated scoresheet; Dortch furthermore actually received a harsher sentence than that permitted using a correctly calculated scoresheet. This was error and the error was harmful. Hills v. State, 661 So.2d 1314 (Fla. 1st DCA 1995).

We therefore reverse and remand for resentencing using a correctly calculated scoresheet. The judge, on resentencing, may impose any sentence he previously could have imposed on a correctly calculated score-sheet, that is, he may impose a departure sentence, so long as he provides written reasons for the departure. Id.

ERVIN, MICKLE and LAWRENCE, JJ., concur.