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Wills v. State

District Court of Appeal of Florida, Second District
Jun 6, 1990
561 So. 2d 1355 (Fla. Dist. Ct. App. 1990)

Opinion

No. 87-03636.

June 6, 1990.

Appeal from the Circuit Court, Pasco County, Maynard F. Swanson, Jr., J.

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.


Danny Wills appeals the sentence imposed upon him after a jury trial. The trial court sentenced Wills, within the recommended guidelines, to twelve years' imprisonment.

At sentencing, Wills objected to the inclusion of points for three prior felonies. Although it appears that points were subtracted for an unspecified third-degree felony, the other two prior felonies were not corroborated. We agree with Wills that the trial court erred in not requiring the state to corroborate the accuracy of the prior convictions that were used in computing his guidelines scoresheet once he objected to the inclusion of points for those prior convictions. Smith v. State, 528 So.2d 100 (Fla. 2d DCA 1988); Delaine v. State, 486 So.2d 39 (Fla. 2d DCA 1986).

Accordingly, we reverse Wills' sentence and remand for resentencing.

THREADGILL, A.C.J., and PARKER and ALTENBERND, JJ., concur.


Summaries of

Wills v. State

District Court of Appeal of Florida, Second District
Jun 6, 1990
561 So. 2d 1355 (Fla. Dist. Ct. App. 1990)
Case details for

Wills v. State

Case Details

Full title:DANNY WILLS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 6, 1990

Citations

561 So. 2d 1355 (Fla. Dist. Ct. App. 1990)

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