Jolly v. State

District Court of Appeal of Florida

Jolly v. State

502 So. 2d 1324, 12 Fla. L. Weekly 635, 1987 Fla. App. LEXIS 6976

CourtDistrict Court of Appeal of Florida

DecidedFebruary 25, 1987

DocketNo. 85—2613

StatusPublished

Cited by2 cases

This text of 502 So. 2d 1324 (Jolly 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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Jolly v. State, 502 So. 2d 1324, 12 Fla. L. Weekly 635, 1987 Fla. App. LEXIS 6976 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

We affirm appellant’s conviction. However, we reverse the sentence imposed by the trial court. The trial court incorrectly scored appellant's violation of probation as a prior record conviction. The violation of probation should have been scored as the primary offense because it was an offense pending before the court at the time of the sentencing. Rule 3.701(d)(4), Fla.R.Crim.P. See also State v. Salsberry, 487 So.2d 402 (Fla. 5th DCA 1986); Bradley v. State, 480 So.2d 647 (Fla. 2d DCA 1985), cause dismissed, 486 So.2d 595 (Fla.1986) and Hallback v. State, 479 So.2d 865 (Fla. 5th DCA 1985).

AFFIRMED IN PART; REVERSED IN PART and REMANDED FOR RESEN-TENCING.

DELL, WALDEN and GUNTHER, JJ., concur.

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PER CURIAM.

We affirm appellant’s conviction. However, we reverse the sentence imposed by the trial court. The trial court incorrectly scored appellant's violation of probation as a prior record conviction. The violation of probation should have been scored as the primary offense because it was an offense pending before the court at the time of the sentencing. Rule 3.701(d)(4), Fla.R.Crim.P. See also State v. Salsberry, 487 So.2d 402 (Fla. 5th DCA 1986); Bradley v. State, 480 So.2d 647 (Fla. 2d DCA 1985), cause dismissed, 486 So.2d 595 (Fla.1986) and Hallback v. State, 479 So.2d 865 (Fla. 5th DCA 1985).

AFFIRMED IN PART; REVERSED IN PART and REMANDED FOR RESEN-TENCING.

DELL, WALDEN and GUNTHER, JJ., concur.

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502 So. 2d 1324, 12 Fla. L. Weekly 635, 1987 Fla. App. LEXIS 6976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jolly-v-state-fladistctapp-1987.

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