Martinez v. State

District Court of Appeal of Florida

Martinez v. State

593 So. 2d 331, 1992 Fla. App. LEXIS 1769, 1992 WL 32813

District Court of Appeal of Florida·Decided February 25, 1992·No. No. 91-1106·Published

Opinion

PER CURIAM.

It was improper to use multiple sentencing scoresheets to sentence the defendant in this case. Fla.R.Crim.P. 3.701(d)(1). See also Clark v. State, 572 So.2d 1387 (Fla.1991) (single scoresheet required to sentence defendant on two or more pending cases in same court). Additionally, we note that the provisions of section 775.087(2), Florida Statutes (1989), do not apply to the convictions in this case.

[332] We, therefore, vacate the sentence and remand for resentencing.

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PER CURIAM.

It was improper to use multiple sentencing scoresheets to sentence the defendant in this case. Fla.R.Crim.P. 3.701(d)(1). See also Clark v. State, 572 So.2d 1387 (Fla.1991) (single scoresheet required to sentence defendant on two or more pending cases in same court). Additionally, we note that the provisions of section 775.087(2), Florida Statutes (1989), do not apply to the convictions in this case.

[332] We, therefore, vacate the sentence and remand for resentencing.

Martinez v. State, 593 So. 2d 331, 1992 Fla. App. LEXIS 1769, 1992 WL 32813 (Fla. Ct. App. 1992).

Pincite

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Opinion

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