Walton v. State

District Court of Appeal of Florida

Walton v. State

596 So. 2d 1255, 1992 WL 76580

District Court of Appeal of Florida·Decided April 15, 1992·No. No. 91-00939·Published

Opinion

PER CURIAM.

Appellant, Michael Jerome Walton, appeals the sentence imposed upon him after his violation of probation. Appellant argues that a miscalculated scoresheet resulted in a sentencing error. We agree that the trial judge erred in using an updated scoresheet for sentencing appellant for the underlying offenses of his probation upon a finding of a violation of that probation. We, therefore, reverse the sentences imposed and remand for resentencing using the original scoresheet that was used for sentencing when appellant was placed upon probation which has since been determined to have been violated. Harris v. State, 574 So.2d 1211 (Fla. 2d DCA 1991).

SCHOONOVER, C.J., and DANAHY and CAMPBELL, JJ., concur.

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PER CURIAM.

Appellant, Michael Jerome Walton, appeals the sentence imposed upon him after his violation of probation. Appellant argues that a miscalculated scoresheet resulted in a sentencing error. We agree that the trial judge erred in using an updated scoresheet for sentencing appellant for the underlying offenses of his probation upon a finding of a violation of that probation. We, therefore, reverse the sentences imposed and remand for resentencing using the original scoresheet that was used for sentencing when appellant was placed upon probation which has since been determined to have been violated. Harris v. State, 574 So.2d 1211 (Fla. 2d DCA 1991).

SCHOONOVER, C.J., and DANAHY and CAMPBELL, JJ., concur.

Walton v. State, 596 So. 2d 1255, 1992 WL 76580 (Fla. Ct. App. 1992).

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Opinion

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