Summary
vacating sentence and remanding for resentencing where use of improper scoresheet altered the applicable guidelines range
Summary of this case from Williams v. StateOpinion
No. 95-3404.
June 18, 1996.
Appeal from the Circuit County, Duval County, Peter Fryefield, J.
Nancy A. Daniels, Public Defender, and Alisa Smith, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and Stephen R. White, Assistant Attorney General, Tallahassee, for Appellee.
The appellant challenges the revocation of his community control, and the imposition of a sentence of imprisonment. Because there was sufficient evidence to support the determination that the appellant willfully and substantially violated the conditions of community control, the revocation is affirmed. However, on remand the court should amend the revocation order to reflect the specific violations as orally pronounced. Gregg v. State, 643 So.2d 106 (Fla. 1st DCA 1994).
A Florida Rule of Criminal Procedure 3.990 guidelines scoresheet was improperly used in this case, as this scoresheet does not apply to offenses committed before 1994. See Fla. R.Crim. P. 3.702 (a); § 921.001 (4)(b)2, Fla. Stat. (Supp. 1994). The use of this scoresheet altered the applicable guidelines range for a nondeparture sentence, and requires resentencing with a proper guidelines scoresheet. E.g., Gregory v. State, 666 So.2d 222 (Fla. 2d DCA 1995); Johnson v. State, 583 So.2d 386 (Fla. 1st DCA 1991). The sentence is therefore vacated, and the case is remanded.
MINER, ALLEN and MICKLE, JJ., concur.