Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided July 10, 1991No. 90-2278Published

1Per curiam

We affirm appellant’s conviction but reverse and remand for a new sentencing hearing because the trial judge did not have appellant’s guidelines scoresheet available at sentencing. Kolbe v. State, 480 So.2d 694 (Fla. 4th DCA 1985). During the course of this appeal we relinquished jurisdiction to reconstruct a guidelines scoresheet. The reconstructed scoresheet revealed that the first scoresheet which was unavailable to the judge at sentencing was erroneously computed. Appellant is entitled to have his sentence imposed after the trial court has the opportunity to consider the correctly…

2Cases cited2 opinions

  1. Gibbons v. StateDistrict Court of Appeal of Florida · 1989
  2. Kolbe v. StateDistrict Court of Appeal of Florida · 1985

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