Lathrop v. State

District Court of Appeal of Florida

Lathrop v. State

521 So. 2d 358, 13 Fla. L. Weekly 637, 1988 Fla. App. LEXIS 935, 1988 WL 18948

CourtDistrict Court of Appeal of Florida

DecidedMarch 10, 1988

DocketNo. 87-682

StatusPublished

Cited by1 cases

This text of 521 So. 2d 358 (Lathrop 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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Lathrop v. State, 521 So. 2d 358, 13 Fla. L. Weekly 637, 1988 Fla. App. LEXIS 935, 1988 WL 18948 (Fla. Ct. App. 1988).

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Opinion

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant was before the court for sentencing after he violated terms of his community control sentence. Although presented with a properly calculated sentencing guideline scoresheet the sentencing judge declined to use it; instead, he used a previously prepared, and used, scoresheet. That previously used scoresheet was erroneous, as implicitly acknowledged by the sentencing judge. The judge felt he was obliged to follow the erroneous scoresheet because appellant did not raise the issue at the first sentencing or on appeal. We disagree. Rule 3.800(a) allows the court at any time to correct a miscalculated scoresheet. See State v. Whitfield, 487 So.2d 1045 (Fla.1986).

The sentence is vacated and this cause remanded for a proper sentence..

SENTENCE VACATED; REMANDED.

SHARP, C.J., and COBB, J., concur.

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DAUKSCH, Judge.

This is an appeal from a sentence. Appellant was before the court for sentencing after he violated terms of his community control sentence. Although presented with a properly calculated sentencing guideline scoresheet the sentencing judge declined to use it; instead, he used a previously prepared, and used, scoresheet. That previously used scoresheet was erroneous, as implicitly acknowledged by the sentencing judge. The judge felt he was obliged to follow the erroneous scoresheet because appellant did not raise the issue at the first sentencing or on appeal. We disagree. Rule 3.800(a) allows the court at any time to correct a miscalculated scoresheet. See State v. Whitfield, 487 So.2d 1045 (Fla.1986).

The sentence is vacated and this cause remanded for a proper sentence..

SENTENCE VACATED; REMANDED.

SHARP, C.J., and COBB, J., concur.

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Bluebook (online)

521 So. 2d 358, 13 Fla. L. Weekly 637, 1988 Fla. App. LEXIS 935, 1988 WL 18948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lathrop-v-state-fladistctapp-1988.

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