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Maycene v. State

District Court of Appeal of Florida, Third District
Jan 13, 1999
723 So. 2d 394 (Fla. Dist. Ct. App. 1999)

Summary

In Maycene v. State, 723 So.2d 394 (Fla. 3d DCA 1999), this court granted a Rule 3.800(a) motion and remanded for "recalculation of his sentencing guidelines scoresheet because the scoresheet does not reflect any supporting calculations for the scored prior-offenses points,... and there is no documentation attached to the scoresheet supporting the assessed points."

Summary of this case from Smith v. State

Opinion

No. 98-1472

Opinion filed January 13, 1999 JANUARY TERM 1999

An Appeal under Fla. R. App. P. 9.140(i) from the Circuit Court for Monroe County, Mark H. Jones, Judge, L.T. No. 89-1871.

Richard Maycene, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before JORGENSON, GERSTEN and SHEVIN, JJ.


We reverse the order denying defendant's Florida Rule of Criminal Procedure 3.800 motion. Defendant is entitled to recalculation of his sentencing guidelines scoresheet because the scoresheet does not reflect any supporting calculations for the scored prior-offenses points, Williams v. State, 658 So.2d 1249, (Fla. 4th DCA 1995), and there is no documentation attached to the scoresheet supporting the assessed points.Compare Dowdy v. State, 700 So.2d 409 (Fla. 5th DCA 1997). This cause is remanded to the trial court for further consideration of the motion.

Reversed and remanded.


Summaries of

Maycene v. State

District Court of Appeal of Florida, Third District
Jan 13, 1999
723 So. 2d 394 (Fla. Dist. Ct. App. 1999)

In Maycene v. State, 723 So.2d 394 (Fla. 3d DCA 1999), this court granted a Rule 3.800(a) motion and remanded for "recalculation of his sentencing guidelines scoresheet because the scoresheet does not reflect any supporting calculations for the scored prior-offenses points,... and there is no documentation attached to the scoresheet supporting the assessed points."

Summary of this case from Smith v. State
Case details for

Maycene v. State

Case Details

Full title:RICHARD MAYCENE, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jan 13, 1999

Citations

723 So. 2d 394 (Fla. Dist. Ct. App. 1999)

Citing Cases

Smith v. State

For this proposition, defendant relies on Williams v. State, 658 So.2d 1249 (Fla. 4th DCA 1995). See also…