Barnett v. State

FRANK, Chief Judge.

Simon Barnett, Jr., has appealed from the sentences imposed upon him after he violated probation. Because the offenses pending for sentencing were not properly scored, we reverse and remand for resentencing pursuant to the appropriate guidelines procedure.

The state attorney at sentencing engaged in a novel but confusing attempt to manipulate the scoresheet to increase the period of Barnett’s punishment by dismissing some of the affidavits of violation of probation. The sentencing guidelines, however, require that the primary offense at conviction be that which, when scored…