Kalina v. State

District Court of Appeal of Florida

Kalina v. State

596 So. 2d 1114, 1992 Fla. App. LEXIS 1906, 1992 WL 41485

CourtDistrict Court of Appeal of Florida

DecidedMarch 6, 1992

DocketNo. 89-00864

StatusPublished

Cited by2 cases

This text of 596 So. 2d 1114 (Kalina 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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Kalina v. State, 596 So. 2d 1114, 1992 Fla. App. LEXIS 1906, 1992 WL 41485 (Fla. Ct. App. 1992).

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Opinion

PATTERSON, Judge.

We find no merit in the appellant’s arguments relating to his conviction for armed robbery, and we affirm the judgment. As to the sentence, the state did not prove disputed foreign convictions scored as prior record, and the state concedes error. See English v. State, 529 So.2d 1272 (Fla. 2d DCA 1988). Thus, we reverse the sentence and remand for resentencing. The guidelines score must be recalculated to reflect prior convictions that the state can verify. On remand the trial court may impose a departure sentence if there is a valid basis to do so, because at the original sentencing the trial court believed it was imposing a guidelines sentence. See State v. Vanhorn, 561 So.2d 584 (Fla.1990).

Affirmed in part, reversed in part, and remanded.

RYDER, A.C.J., and FRANK, J., concur.

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PATTERSON, Judge.

We find no merit in the appellant’s arguments relating to his conviction for armed robbery, and we affirm the judgment. As to the sentence, the state did not prove disputed foreign convictions scored as prior record, and the state concedes error. See English v. State, 529 So.2d 1272 (Fla. 2d DCA 1988). Thus, we reverse the sentence and remand for resentencing. The guidelines score must be recalculated to reflect prior convictions that the state can verify. On remand the trial court may impose a departure sentence if there is a valid basis to do so, because at the original sentencing the trial court believed it was imposing a guidelines sentence. See State v. Vanhorn, 561 So.2d 584 (Fla.1990).

Affirmed in part, reversed in part, and remanded.

RYDER, A.C.J., and FRANK, J., concur.

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596 So. 2d 1114, 1992 Fla. App. LEXIS 1906, 1992 WL 41485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kalina-v-state-fladistctapp-1992.

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