Legal Opinion

Peterson v. State

District Court of Appeal of Florida

Decided March 23, 1988No. 87-1298PublishedCited by 1 opinion

1Opinion of the Court

WENTWORTH, Judge.

Appellant seeks review of sentences imposed for burglary and grand theft, and upon revocation of probation for prior burglaries and an aggravated assault. All of the offenses were before the court for sentencing at one time, and the sentences were imposed pursuant to the Fla.R.Crim.P. 3.701 sentencing guidelines. We find that the crimes for which probation was revoked were improperly scored as prior record rather than additional offenses, resulting in an incorrect recommended sentencing range. We therefore vacate the sentences appealed and remand the cause for resentencing.

App…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Florida Bar Re: Rules of Criminal ProcedureSupreme Court of Florida · 1985
  2. Slappy v. StateDistrict Court of Appeal of Florida · 1987
  3. Hallback v. StateDistrict Court of Appeal of Florida · 1985

3Cited by1 opinion

  1. Hingson v. StateDistrict Court of Appeal of Florida · 1989

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