Thorp v. State

LETTS, Judge.

At sentencing, the trial judge factored a prior federal conviction into the guideline scoresheet even though that conviction was obtained subsequent to the commission of the state offense which is the subject of this appeal. We affirm.

There is conflict among our sister courts as to whether a conviction occurring between the subject offense and sentencing for that offense, for a crime committed prior to the subject offense, may be scored. For example, the First District is of the opinion that, for purposes of scoring, “Florida Rule of Criminal Procedure 3.701(d)(5)(a) prohibits…