Major v. State

District Court of Appeal of Florida

Major v. State

758 So. 2d 1249, 2000 Fla. App. LEXIS 6413, 2000 WL 678836

CourtDistrict Court of Appeal of Florida

DecidedMay 26, 2000

DocketNo. 5D99-2733

StatusPublished

This text of 758 So. 2d 1249 (Major 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

Major v. State, 758 So. 2d 1249, 2000 Fla. App. LEXIS 6413, 2000 WL 678836 (Fla. Ct. App. 2000).

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Opinion

COBB, J.

We affirm the order revoking probation. See Griffin v. State, 719 So.2d 972 (Fla. 4th DCA 1998); Reyes v. State, 711 So.2d 1378 (Fla. 2d DCA 1998). However, the defendant’s sentence is reversed due to the erroneous assessment, pursuant to Florida Rule of Criminal Procedure 3.703(d)(17), of 12 points for community sanction violation. The rule provides for scoring of 12 community sanction violation points “if the [probation] violation results from a new felony conviction.” The defendant, however, was not convicted of a new felony offense and accordingly only 6 points should have been assessed for community status violation. Since a corrected scoresheet results in a different sentencing range, the cause is remanded for resentencing.

PROBATION REVOCATION AFFIRMED; SENTENCE REVERSED; AND CAUSE REMANDED FOR RE-SENTENCING.

W. SHARP and GRIFFIN, JJ., concur.

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COBB, J.

We affirm the order revoking probation. See Griffin v. State, 719 So.2d 972 (Fla. 4th DCA 1998); Reyes v. State, 711 So.2d 1378 (Fla. 2d DCA 1998). However, the defendant’s sentence is reversed due to the erroneous assessment, pursuant to Florida Rule of Criminal Procedure 3.703(d)(17), of 12 points for community sanction violation. The rule provides for scoring of 12 community sanction violation points “if the [probation] violation results from a new felony conviction.” The defendant, however, was not convicted of a new felony offense and accordingly only 6 points should have been assessed for community status violation. Since a corrected scoresheet results in a different sentencing range, the cause is remanded for resentencing.

PROBATION REVOCATION AFFIRMED; SENTENCE REVERSED; AND CAUSE REMANDED FOR RE-SENTENCING.

W. SHARP and GRIFFIN, JJ., concur.

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Bluebook (online)

758 So. 2d 1249, 2000 Fla. App. LEXIS 6413, 2000 WL 678836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/major-v-state-fladistctapp-2000.

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