Painter v. State

District Court of Appeal of Florida

Painter v. State

591 So. 2d 684, 1992 Fla. App. LEXIS 359, 1992 WL 7207

CourtDistrict Court of Appeal of Florida

DecidedJanuary 22, 1992

DocketNo. 91-0312

StatusPublished

This text of 591 So. 2d 684 (Painter 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

Painter v. State, 591 So. 2d 684, 1992 Fla. App. LEXIS 359, 1992 WL 7207 (Fla. Ct. App. 1992).

Pincite

Opinion

LETTS, Judge.

This is an appeal of the trial court’s order revoking appellant’s community control and sentencing her to five years imprisonment.

Appellant argues that the sentence constitutes an impermissible departure from her guidelines range of two and one-half years to four and one-half years since the court failed to provide oral or written reasons for the departure. Alternatively, she argues that the trial court erred by sentencing her without a guidelines score-sheet.

The state correctly concedes that the record does not contain a scoresheet and that without one, resentencing in accordance with the two and one-half to four and one-half year guidelines is in order. We find no merit in the other point raised on appeal.

AFFIRMED IN PART; REVERSED IN PART.

POLEN and FARMER, JJ., concur.

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