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Thomas v. State

District Court of Appeal of Florida, Fourth District
Aug 2, 1995
659 So. 2d 404 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2757.

August 2, 1995.

Appeal from the Circuit Court, St. Lucie County, Cynthia G. Angelos, J.

Richard L. Jorandby, Public Defender and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Edward L. Giles, Asst. Atty. Gen., West Palm Beach, for appellee.


We reverse and remand appellant's sentence for rescoring with a correct guidelines sheet because (1) he should not have been assessed 6 points for the violation of a single release program order, Florida Rule of Criminal Procedure 3.702(d)(10), and (2) for correction of the written findings to support the habitual offender sentence, which the state concedes are erroneous. Although we recognize that these errors will not necessarily result in a different sentence, we are not willing to assume that a change in appellant's score will not affect the court's discretion in imposing his sentence. Cochran v. State, 592 So.2d 784 (Fla. 4th DCA 1992).

DELL and KLEIN, JJ., and RIVKIND, LEONARD, Associate Judge, concur.


Summaries of

Thomas v. State

District Court of Appeal of Florida, Fourth District
Aug 2, 1995
659 So. 2d 404 (Fla. Dist. Ct. App. 1995)
Case details for

Thomas v. State

Case Details

Full title:ANTHONY THOMAS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 2, 1995

Citations

659 So. 2d 404 (Fla. Dist. Ct. App. 1995)

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