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486 So. 2d 39

486 So.2d 39

11 Fla.L.Weekly 812

Docket No. 85-1279.

Delaine v. State

Julius Teddy DELAINE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1986-04-02

Cited by 9 later decisions — most recently October 1991

9 state decisions

Relies on 383 So. 2d 219 - Eutsey v. State · 478 So. 2d 429 - Vandeneynden v. State · Myrick v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-04-02

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¶1James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee; and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4Defendant appeals a sentence which was a departure from the recommended guidelines sentence. We reverse.

¶5At sentencing the defense challenged the accuracy of several convictions contained in the prior record portion of the guidelines scoresheet. The state's response was that the scoresheet would have to be presumed to be correct unless further research was done. The entries on the scoresheet about defendant's prior record were based on the presentence investigation report. If a defendant disputes the truth of hearsay statements in a presentence investigation report, the court must require the state to produce corroborating evidence. See Eutsey v. State,383 So.2d 219 (Fla. 1980); Davis v. State,463 So.2d 398 (Fla. 1st DCA 1985); Vandeneynden v. State,478 So.2d 429 (Fla. 5th DCA 1985).

¶6Because of the unresolved questions regarding the accuracy of the scoresheet, we cannot conclude that the trial court had a correct scoresheet before him on which to base a departure sentence. If a trial court does not know the presumptive sentence under the guidelines, the court is without sufficient information to decide whether to depart from the guidelines. See, e.g., Doby v. State,461 So.2d 1360 (Fla. 2d DCA 1984); Myrick v. State,461 So.2d 1359 (Fla. 2d DCA 1984).

¶7Reversed and remanded for resentencing.

¶8RYDER, C.J., and SCHOONOVER and LEHAN, JJ., concur.

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