Oliver v. State
This text of 687 So. 2d 974 (Oliver 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.
Opinion
Appellant, Terry L. Oliver, appeals from a judgment of the trial court revoking his probation. Because of several errors in sentencing, including an incorrectly scored sentencing guidelines scoresheet and an ex parte communication between the appellee State and the court regarding the trial court’s imposition of a downward departure sentence, we remand for resentencing with a properly prepared scoresheet. At resentencing, the trial court may properly consider the downward departure sentence recommended by the Department of Corrections.
Parenthetically, we admonish the State for engaging in an ex parte communication with the trial court. A direct appeal to this court was the proper vehicle by which the State could seek correction of the trial court’s downward departure sentence. See Gartrell v. State, 626 So.2d 1364 (Fla.1993).
REMANDED FOR RESENTENCING.
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Cite This Page — Counsel Stack
687 So. 2d 974, 1997 Fla. App. LEXIS 1221, 1997 WL 66553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oliver-v-state-fladistctapp-1997.