Grassmyer v. State

District Court of Appeal of Florida

Grassmyer v. State

523 So. 2d 1282, 13 Fla. L. Weekly 1055, 1988 Fla. App. LEXIS 1719, 1988 WL 40530

CourtDistrict Court of Appeal of Florida

DecidedMay 4, 1988

DocketNo. 87-2090

StatusPublished

This text of 523 So. 2d 1282 (Grassmyer 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

Grassmyer v. State, 523 So. 2d 1282, 13 Fla. L. Weekly 1055, 1988 Fla. App. LEXIS 1719, 1988 WL 40530 (Fla. Ct. App. 1988).

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Opinion

STONE, Judge.

The state concedes that a sentencing error occurred by including the defendant’s most recent convictions, which were more than ten years before this offense, in the guidelines scoresheet. The record is silent [1283]*1283as to the date of his release from confinement. See rule 3.701(d)(5)(b), Fla.R.Crim.P.

The state argues that the error is harmless because the court’s order specified that the judge had initially intended, by the sentence imposed, to exceed the guidelines. Departure became unnecessary when the final scoresheet was subsequently compiled. Nevertheless, the sentence was not imposed as a departure sentence. Cf. Casteel v. State, 498 So.2d 1249 (Fla.1986). The sentence is therefore reversed. We remand for resentencing.

ANSTEAD and DELL, JJ., concur.

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STONE, Judge.

The state concedes that a sentencing error occurred by including the defendant’s most recent convictions, which were more than ten years before this offense, in the guidelines scoresheet. The record is silent [1283]*1283as to the date of his release from confinement. See rule 3.701(d)(5)(b), Fla.R.Crim.P.

The state argues that the error is harmless because the court’s order specified that the judge had initially intended, by the sentence imposed, to exceed the guidelines. Departure became unnecessary when the final scoresheet was subsequently compiled. Nevertheless, the sentence was not imposed as a departure sentence. Cf. Casteel v. State, 498 So.2d 1249 (Fla.1986). The sentence is therefore reversed. We remand for resentencing.

ANSTEAD and DELL, JJ., concur.

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Bluebook (online)

523 So. 2d 1282, 13 Fla. L. Weekly 1055, 1988 Fla. App. LEXIS 1719, 1988 WL 40530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grassmyer-v-state-fladistctapp-1988.

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