Forance v. State

District Court of Appeal of Florida

Forance v. State

803 So. 2d 902, 2002 Fla. App. LEXIS 21, 2002 WL 10149

CourtDistrict Court of Appeal of Florida

DecidedJanuary 4, 2002

DocketNo. 5D01-573

StatusPublished

This text of 803 So. 2d 902 (Forance 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

Forance v. State, 803 So. 2d 902, 2002 Fla. App. LEXIS 21, 2002 WL 10149 (Fla. Ct. App. 2002).

Pincite

Opinion

PER CURIAM.

The State of Florida acknowledges that scoresheet errors were made in sentencing Marcia Forance. The errors include:

1. Using one scoresheet in sentencing Forance for two failure to appear offenses. Separate scoresheets were required. See Harris v. State, 771 So.2d 565, 566 (Fla. 5th DCA 2000), rev. denied, 790 So.2d 1104 (Fla.2001).

2. Incorrectly scoring the offense of failure to appear as a level seven violation, the level of the underlying burglary charge, rather than the correct level four for failure to appear.

The court also assessed four points on the scoresheet for status violation. The record before us does not allow us to review the correctness of this assessment and upon remand, the trial court is instructed to revisit this issue.

We vacate the sentence and direct the court on remand to prepare separate and corrected scoresheets for resentencing.

SENTENCE VACATED; REMANDED.

SHARP, W., HARRIS and PETERSON, JJ., concur.

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