Grigsby v. State

District Court of Appeal of Florida

Grigsby v. State

513 So. 2d 795, 12 Fla. L. Weekly 2421, 1987 Fla. App. LEXIS 12292

CourtDistrict Court of Appeal of Florida

DecidedOctober 14, 1987

DocketNo. 87-0809

StatusPublished

This text of 513 So. 2d 795 (Grigsby 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

Grigsby v. State, 513 So. 2d 795, 12 Fla. L. Weekly 2421, 1987 Fla. App. LEXIS 12292 (Fla. Ct. App. 1987).

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Opinion

STONE, Judge.

Defendant was sentenced following a revocation of his probation. The score-sheet used in computing the guideline sentence included points for being under a legal constraint at the time of the offense. It is undisputed, however, that he was under no legal constraint at that time. In fact, the only restriction on defendant was the probation sentence imposed after the offense.

The state contends that a prior violation of this probation justifies an increase in the total points on the scoresheet. However, the status to be scored is any legal constraint that existed at the time of the offense for which he is scored.

Since no legal constraint existed at the time of the offense, we reverse the sen[796]*796tence imposed and remand for resentenc-ing.

GLICKSTEIN, J., and BLOOM, PHILIP, Associate Judge, concur.

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STONE, Judge.

Defendant was sentenced following a revocation of his probation. The score-sheet used in computing the guideline sentence included points for being under a legal constraint at the time of the offense. It is undisputed, however, that he was under no legal constraint at that time. In fact, the only restriction on defendant was the probation sentence imposed after the offense.

The state contends that a prior violation of this probation justifies an increase in the total points on the scoresheet. However, the status to be scored is any legal constraint that existed at the time of the offense for which he is scored.

Since no legal constraint existed at the time of the offense, we reverse the sen[796]*796tence imposed and remand for resentenc-ing.

GLICKSTEIN, J., and BLOOM, PHILIP, Associate Judge, concur.

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Bluebook (online)

513 So. 2d 795, 12 Fla. L. Weekly 2421, 1987 Fla. App. LEXIS 12292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grigsby-v-state-fladistctapp-1987.