Legal Opinion

Major v. State

District Court of Appeal of Florida

Decided May 26, 2000No. 5D99-2733Published

1Opinion of the CourtCobb, J.

We affirm the order revoking probation. See Griffin v. State, 719 So.2d 972 (Fla. 4th DCA 1998); Reyes v. State, 711 So.2d 1378 (Fla. 2d DCA 1998). However, the defendant’s sentence is reversed due to the erroneous assessment, pursuant to Florida Rule of Criminal Procedure 3.703(d)(17), of 12 points for community sanction violation. The rule provides for scoring of 12 community sanction violation points “if the [probation] violation results from a new felony conviction.” The defendant, however, was not convicted of a new felony offense and accordingly only 6 points should have been assessed…

2Cases cited2 opinions

  1. Griffin v. StateDistrict Court of Appeal of Florida · 1998
  2. Reyes v. StateDistrict Court of Appeal of Florida · 1998

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