Reddick v. State

District Court of Appeal of Florida

Reddick v. State

693 So. 2d 692, 1997 Fla. App. LEXIS 4972, 1997 WL 232084

CourtDistrict Court of Appeal of Florida

DecidedMay 9, 1997

DocketNo. 95-03798

StatusPublished

This text of 693 So. 2d 692 (Reddick 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

Reddick v. State, 693 So. 2d 692, 1997 Fla. App. LEXIS 4972, 1997 WL 232084 (Fla. Ct. App. 1997).

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Opinion

FULMER, Judge.

The defendant, Sylvester Reddick, appeals his conviction for resisting an officer with violence, a violation of section 843.01, Florida Statutes (1995). We affirm the defendant’s conviction without discussion. However, we reverse his sentence and remand for resen-tencing.

The defendant asserts, and the state concedes, that the trial court erred by imposing a state prison sentence. Because the defendant’s offense was committed on March 2, 1995, his sentence is governed by the sentencing guidelines scoresheet found at Florida Rule of Criminal Procedure 3.990. See Amendments to Florida Rules of Criminal Procedure Re Sentencing Guidelines, 628 So.2d 1084, 1084 (Fla.1993) (stating that rule 3.990 applies to offenses committed on or after January 1, 1994). The sentencing computation section of the scoresheet provides that the trial court may impose a state prison sanction only if the total sentence points exceed 40. The sentencing guidelines scoresheet prepared in this case shows a total score of 28.6 points. The scoresheet does not reflect application of either the 1.5 or 2.0 law enforcement protection multiplier or a sentence computation increase using the 1.15 multiplier. Therefore, the trial court was without authority to impose a state prison sentence. Accordingly, we reverse the sentence and remand for resentencing.

Affirmed in part, reversed in part and remanded.

CAMPBELL, A.C.J., and SCHOONOVER, J., concur.

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FULMER, Judge.

The defendant, Sylvester Reddick, appeals his conviction for resisting an officer with violence, a violation of section 843.01, Florida Statutes (1995). We affirm the defendant’s conviction without discussion. However, we reverse his sentence and remand for resen-tencing.

The defendant asserts, and the state concedes, that the trial court erred by imposing a state prison sentence. Because the defendant’s offense was committed on March 2, 1995, his sentence is governed by the sentencing guidelines scoresheet found at Florida Rule of Criminal Procedure 3.990. See Amendments to Florida Rules of Criminal Procedure Re Sentencing Guidelines, 628 So.2d 1084, 1084 (Fla.1993) (stating that rule 3.990 applies to offenses committed on or after January 1, 1994). The sentencing computation section of the scoresheet provides that the trial court may impose a state prison sanction only if the total sentence points exceed 40. The sentencing guidelines scoresheet prepared in this case shows a total score of 28.6 points. The scoresheet does not reflect application of either the 1.5 or 2.0 law enforcement protection multiplier or a sentence computation increase using the 1.15 multiplier. Therefore, the trial court was without authority to impose a state prison sentence. Accordingly, we reverse the sentence and remand for resentencing.

Affirmed in part, reversed in part and remanded.

CAMPBELL, A.C.J., and SCHOONOVER, J., concur.

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Bluebook (online)

693 So. 2d 692, 1997 Fla. App. LEXIS 4972, 1997 WL 232084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reddick-v-state-fladistctapp-1997.

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