Kakuk v. State

District Court of Appeal of Florida

Kakuk v. State

745 So. 2d 591, 1999 Fla. App. LEXIS 16937, 1999 WL 1206621

CourtDistrict Court of Appeal of Florida

DecidedDecember 17, 1999

DocketNo. 98-3037

StatusPublished

Cited by1 cases

This text of 745 So. 2d 591 (Kakuk 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

Kakuk v. State, 745 So. 2d 591, 1999 Fla. App. LEXIS 16937, 1999 WL 1206621 (Fla. Ct. App. 1999).

Pincite

Opinion

THOMPSON, J.

Gustav Kakuk appeals the sentence imposed after a violation of probation. We reverse.

The record shows that after Kakuk was originally sentenced in 1991, he moved for correction of the sentence. In 1993, the court corrected the scoresheet and resen-tenced Kakuk. Kakuk subsequently violated the terms of his probation. Thereafter, at Kakuk’s 1997 sentencing, defense counsel stated that he thought the original scoresheet had been corrected pursuant to court order. The court could not find any such order, and accepted the original scoresheet as accurate. The state concedes that the argument made by Kakuk is correct, but argues the issue was not adequately preserved for appeal citing Maddox v. State, 708 So.2d 617 (Fla. 5th DCA), rev. granted, 718 So.2d 169 (Fla.1998). We disagree and conclude that defense counsel adequately preserved the issue for appeal. Accordingly, the sentence is vacated with directions that a correct scoresheet be prepared and that the defendant be resen-tenced in accordance therewith. See Terry v. State, 588 So.2d 63 (Fla. 5th DCA 1991).

SENTENCE VACATED with directions.

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

Free access — add to your briefcase to read the full text and ask questions with AI

THOMPSON, J.

Gustav Kakuk appeals the sentence imposed after a violation of probation. We reverse.

The record shows that after Kakuk was originally sentenced in 1991, he moved for correction of the sentence. In 1993, the court corrected the scoresheet and resen-tenced Kakuk. Kakuk subsequently violated the terms of his probation. Thereafter, at Kakuk’s 1997 sentencing, defense counsel stated that he thought the original scoresheet had been corrected pursuant to court order. The court could not find any such order, and accepted the original scoresheet as accurate. The state concedes that the argument made by Kakuk is correct, but argues the issue was not adequately preserved for appeal citing Maddox v. State, 708 So.2d 617 (Fla. 5th DCA), rev. granted, 718 So.2d 169 (Fla.1998). We disagree and conclude that defense counsel adequately preserved the issue for appeal. Accordingly, the sentence is vacated with directions that a correct scoresheet be prepared and that the defendant be resen-tenced in accordance therewith. See Terry v. State, 588 So.2d 63 (Fla. 5th DCA 1991).

SENTENCE VACATED with directions.

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

Cite This Page — Counsel Stack

Bluebook (online)

745 So. 2d 591, 1999 Fla. App. LEXIS 16937, 1999 WL 1206621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kakuk-v-state-fladistctapp-1999.

Opinion

Related

Cite This Page — Counsel Stack