Garcia v. State

District Court of Appeal of Florida

Garcia v. State

689 So. 2d 456, 1997 Fla. App. LEXIS 3202, 1997 WL 134333

CourtDistrict Court of Appeal of Florida

DecidedMarch 26, 1997

DocketNo. 96-689

StatusPublished

This text of 689 So. 2d 456 (Garcia 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.

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Garcia v. State, 689 So. 2d 456, 1997 Fla. App. LEXIS 3202, 1997 WL 134333 (Fla. Ct. App. 1997).

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Opinion

CONFESSION OF ERROR

PER CURIAM.

Alex Garcia appeals the sentence imposed upon him on violation of probation. At the time defendant-appellant was initially placed on probation, an incorrect scoresheet was prepared. At the original sentencing hearing, the errors came to light and the score-sheet was corrected.

Subsequently, the defendant violated probation. At the violation hearing the court and the parties inadvertently used the original, uncorrected scoresheet instead of the corrected scoresheet. The uncorrected scoresheet erroneously placed the defendant i^i a higher sentencing guidelines range. The .State concedes that the /sentencing order must be reversed and the cause remanded for resentencing on the proper scoresheet.

In imposing sentence, the trial court utilized a 2-cell increase over the guidelines range. On remand the parties should address whether there have been successive violations of probation within the meaning of Williams v. State, 594 So.2d 273, 275 (Fla. 1992). “Multiple violations are successive violations which follow reinstatement or modification of probation or community control, rather than a violation of several conditions of a single probation order.” Warrender v. State, 617 So.2d 829, 830 (Fla. 1st DCA 1993).

Reversed and remanded for resentencing.

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CONFESSION OF ERROR

PER CURIAM.

Alex Garcia appeals the sentence imposed upon him on violation of probation. At the time defendant-appellant was initially placed on probation, an incorrect scoresheet was prepared. At the original sentencing hearing, the errors came to light and the score-sheet was corrected.

Subsequently, the defendant violated probation. At the violation hearing the court and the parties inadvertently used the original, uncorrected scoresheet instead of the corrected scoresheet. The uncorrected scoresheet erroneously placed the defendant i^i a higher sentencing guidelines range. The .State concedes that the /sentencing order must be reversed and the cause remanded for resentencing on the proper scoresheet.

In imposing sentence, the trial court utilized a 2-cell increase over the guidelines range. On remand the parties should address whether there have been successive violations of probation within the meaning of Williams v. State, 594 So.2d 273, 275 (Fla. 1992). “Multiple violations are successive violations which follow reinstatement or modification of probation or community control, rather than a violation of several conditions of a single probation order.” Warrender v. State, 617 So.2d 829, 830 (Fla. 1st DCA 1993).

Reversed and remanded for resentencing.

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689 So. 2d 456, 1997 Fla. App. LEXIS 3202, 1997 WL 134333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-state-fladistctapp-1997.

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