Torres v. State

LEHAN, Acting Chief Judge.

Defendant questions on appeal the calculation of the scoresheet used to determine his guidelines recommended sentence. We reverse.

Defendant was convicted of a sexual battery which occurred in 1985 and was placed on ten years probation. In 1987 his probation was revoked based upon his convictions for sexual battery, kidnapping and aggravated assault, which occurred in 1986. He had been sentenced by another circuit court for those convictions. The scoresheet prepared after the 1987 revocation of probation for his sentencing on the 1985 sexual battery included points…