Linen v. State

District Court of Appeal of Florida

Linen v. State

620 So. 2d 254, 1993 Fla. App. LEXIS 6753, 1993 WL 221421

District Court of Appeal of Florida·Decided June 23, 1993·No. No. 92-00847·Published·Cited by 2 cases

Opinion

PER CURIAM.

We affirm appellant’s convictions for robbery, aggravated battery, and aggravated assault. However, the record on appeal contains no sentencing guidelines scoresheet. For all offenses committed after October 1,1983, preparation and review of a scoresheet is mandatory. See Holton v. State, 573 So.2d 284 (Fla.1990), cert. denied, — U.S. -, 111 S.Ct. 2275, 114 L.Ed.2d 726 (1991). Unless it can be established after remand that a guideline score-sheet was prepared, and appellant sentenced consistently therewith, appellant will have to be resentenced.

Convictions affirmed; judgments and sentences reversed for further proceedings.

RYDER, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.

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

PER CURIAM.

We affirm appellant’s convictions for robbery, aggravated battery, and aggravated assault. However, the record on appeal contains no sentencing guidelines scoresheet. For all offenses committed after October 1,1983, preparation and review of a scoresheet is mandatory. See Holton v. State, 573 So.2d 284 (Fla.1990), cert. denied, — U.S. -, 111 S.Ct. 2275, 114 L.Ed.2d 726 (1991). Unless it can be established after remand that a guideline score-sheet was prepared, and appellant sentenced consistently therewith, appellant will have to be resentenced.

Convictions affirmed; judgments and sentences reversed for further proceedings.

RYDER, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.

Linen v. State, 620 So. 2d 254, 1993 Fla. App. LEXIS 6753, 1993 WL 221421 (Fla. Ct. App. 1993).

Pincite

620 So. 2d 254 (Linen v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related