Legal Opinion

Gregory v. State

District Court of Appeal of Florida

Decided January 5, 1990No. 88-00178Published

1Opinion of the Court

CAMPBELL, Chief Judge.

In this appeal, appellant challenges only his sentence. We agree with him on two of the three issues he raises and, accordingly, vacate his sentence and remand for resen-tencing.

In appellant’s first point, he raises three separate sub-issues. He argues that: (1) The trial court improperly used two score-sheets; (2) the trial court used the wrong scoresheet; and (3) the trial court improperly scored points for victim injury. We agree.

Florida Rule of Criminal Procedure 3.701(d)(1) requires the court to use one scoresheet for all offenses then pending before the court for…

2Cases cited3 opinions

  1. Miller v. FloridaSupreme Court of the United States · 1987
  2. Gordon v. StateDistrict Court of Appeal of Florida · 1988
  3. Calleja v. StateDistrict Court of Appeal of Florida · 1989

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