McDougald v. State

District Court of Appeal of Florida

McDougald v. State

568 So. 2d 983, 1990 Fla. App. LEXIS 8087, 1990 WL 157761

CourtDistrict Court of Appeal of Florida

DecidedOctober 16, 1990

DocketNo. 90-625

StatusPublished

Cited by1 cases

This text of 568 So. 2d 983 (McDougald 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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McDougald v. State, 568 So. 2d 983, 1990 Fla. App. LEXIS 8087, 1990 WL 157761 (Fla. Ct. App. 1990).

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Opinion

WOLF, Judge.

McDougald appeals his conviction and sentence for attempted second degree murder on several grounds, only one of which has merit.

McDougald contends that the trial judge used an incorrectly calculated scoresheet in sentencing the defendant to 17 years in prison. The scoresheet was calculated as though the defendant had been convicted of a first degree felony, punishable by life imprisonment, when actually the attempted second degree murder conviction with an enhancement for using a firearm, should have been classified as a first degree felony. The state agrees.

Since the trial judge may have imposed a different sentence had he the benefit of a properly calculated scoresheet, the defendant’s sentence must be vacated. Dawson v. State, 532 So.2d 89 (Fla. 4th DCA 1988). See also Davis v. State, 493 So.2d 82 (Fla. 1st DCA 1986) (a trial court must have the benefit of a properly prepared scoresheet in order to make a fully informed decision on whether to depart from the recommended sentence). Accordingly, we reverse and remand for resentencing under a corrected guideline scoresheet.

WIGGINTON and MINER, JJ., concur.

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WOLF, Judge.

McDougald appeals his conviction and sentence for attempted second degree murder on several grounds, only one of which has merit.

McDougald contends that the trial judge used an incorrectly calculated scoresheet in sentencing the defendant to 17 years in prison. The scoresheet was calculated as though the defendant had been convicted of a first degree felony, punishable by life imprisonment, when actually the attempted second degree murder conviction with an enhancement for using a firearm, should have been classified as a first degree felony. The state agrees.

Since the trial judge may have imposed a different sentence had he the benefit of a properly calculated scoresheet, the defendant’s sentence must be vacated. Dawson v. State, 532 So.2d 89 (Fla. 4th DCA 1988). See also Davis v. State, 493 So.2d 82 (Fla. 1st DCA 1986) (a trial court must have the benefit of a properly prepared scoresheet in order to make a fully informed decision on whether to depart from the recommended sentence). Accordingly, we reverse and remand for resentencing under a corrected guideline scoresheet.

WIGGINTON and MINER, JJ., concur.

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568 So. 2d 983, 1990 Fla. App. LEXIS 8087, 1990 WL 157761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdougald-v-state-fladistctapp-1990.

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