Opinion
Case Nos. 96-00724 96-00734
October 22, 1997 Rehearing Denied January 30, 1998.
Appeal from the Circuit Court of Lee County; Jay B. Rosman, Judge.
James Marion Moorman, Public Defender, and Thomas P. Crean, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.
BY ORDER OF THE COURT:
Upon consideration of the State's motion for rehearing or certification/acknowledgment of conflict, it is
ORDERED that the motion is granted. The opinion filed on July 2, 1997, is withdrawn, and the attached opinion is substituted therefor.
I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER.
Sherod Dillard challenges his sentences in three separate cases: two 1992 cases involving revocation of community control (circuit court case numbers 92-1719CF and 92-2687CF) and a 1995 case involving a new substantive offense (circuit court case number 95-412CF). Dillard argues the trial court erred in using two scoresheets when sentencing him for the 1992 cases and the 1995 case. We affirm the sentences because two scoresheets must be used when sentencing at the same hearing for offenses committed prior to January 1, 1994, and for offenses committed on or after January 1, 1994. See Hale v. State, 22 Fla. L. Weekly D691 (Fla. 2d DCA March 12, 1997); Allen v. State, 664 So.2d 4 (Fla. 3d DCA 1995); Norris v. State, 659 So.2d 1352 (Fla. 5th DCA 1995).
CAMPBELL, A.C.J., PATTERSON and QUINCE, JJ., Concur.