Schaal v. State

District Court of Appeal of Florida

Schaal v. State

743 So. 2d 1229, 1999 Fla. App. LEXIS 15148, 1999 WL 1036514

CourtDistrict Court of Appeal of Florida

DecidedNovember 17, 1999

DocketNo. 98-4377

StatusPublished

Cited by2 cases

This text of 743 So. 2d 1229 (Schaal 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

Schaal v. State, 743 So. 2d 1229, 1999 Fla. App. LEXIS 15148, 1999 WL 1036514 (Fla. Ct. App. 1999).

Pincite

Opinion

PER CURIAM.

We conclude that the trial court erred as a matter of law in computing the appellant’s score under the sentencing guidelines. The trial court assessed a total of thirty-six points for a community sanction violation, six points for each of the six cases before the court for sentencing. Because the appellant’s probation violations were not successive, the points assigned for a community sanction violation should not have been applied cumulatively for each case. See Brown v. State, No. 98-3051, 741 So.2d 1242 (Fla. 1st DCA 1999); Williams v. State, 720 So.2d 590 (Fla. 2d DCA 1998). Accordingly, we vacate the appellant’s sentences and remand for sentencing with a corrected scoresheet reflecting a combined total of not more than six points as a community sanction violation.

Vacated and remanded.

ALLEN and PADOVANO, JJ., CONCUR. BOOTH, J., DISSENTS.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We conclude that the trial court erred as a matter of law in computing the appellant’s score under the sentencing guidelines. The trial court assessed a total of thirty-six points for a community sanction violation, six points for each of the six cases before the court for sentencing. Because the appellant’s probation violations were not successive, the points assigned for a community sanction violation should not have been applied cumulatively for each case. See Brown v. State, No. 98-3051, 741 So.2d 1242 (Fla. 1st DCA 1999); Williams v. State, 720 So.2d 590 (Fla. 2d DCA 1998). Accordingly, we vacate the appellant’s sentences and remand for sentencing with a corrected scoresheet reflecting a combined total of not more than six points as a community sanction violation.

Vacated and remanded.

ALLEN and PADOVANO, JJ., CONCUR. BOOTH, J., DISSENTS.

Cite This Page — Counsel Stack

Bluebook (online)

743 So. 2d 1229, 1999 Fla. App. LEXIS 15148, 1999 WL 1036514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schaal-v-state-fladistctapp-1999.

Opinion

Related

Cite This Page — Counsel Stack