Parrish v. State
This text of 617 So. 2d 1170 (Parrish 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
Barry PARRISH, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fifth District.
James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.
Barry Parrish, pro se.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara Arlene Fink, Asst. Atty. Gen., Daytona Beach, for appellee.
DAUKSCH, Judge.
This is an appeal from a sentence in an aggravated battery case. Appellant was on probation for the aggravated battery and violated terms of his probation. When he came to court for sentencing the judge used a new, revised, updated sentencing guideline scoresheet to find the proper allowable sentence. This was error. The original scoresheet should have been used; the one prepared and used at his original sentencing hearing when he got probation. Holloman v. State, 600 So.2d 522 (Fla. 5th DCA 1992).
SENTENCE VACATED; REMANDED for RESENTENCING.
W. SHARP and PETERSON, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
617 So. 2d 1170, 1993 WL 167714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parrish-v-state-fladistctapp-1993.