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525 So. 2d 515

525 So.2d 515

13 Fla.L.Weekly 1310

State v. Amico

District Court of Appeal of Florida · decided 1988-06-01

Cited by 1 later decisions — most recently June 1989

1 state decisions

Relies on 471 So. 2d 608 - Finklea v. State · 498 So. 2d 553 - Nelson v. State · 480 So. 2d 694 - Kolbe v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-06-01

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HERSEY, Chief Judge.

¶1Anthony Amico was charged with armed robbery. He entered a plea of nolo conten-dere and was sentenced to two and one-half years’ imprisonment to be followed by two and one-half years’ probation. Appellee was released on probation after fourteen months in jail. He subsequently violated the terms of his probation and the trial court held a hearing at which appellee admitted the violation. He was sentenced to sixteen months in prison with credit for time served, which represented the remainder of the two and one-half year sentence originally imposed.

¶2At the hearing on appellee’s probation violation the trial court failed to complete or to have available a new scoresheet. This was error. Rule 3.701 d.14., Florida Rules of Criminal Procedure, provides: “Sentences imposed after revocation of probation or community control must be in accordance with the guidelines.” Rule 3.701 d.l. provides: “One guideline score-sheet shall be utilized for each defendant covering all offenses pending before the court for sentencing.”

¶3A trial court must have a guidelines scoresheet available at sentencing. Kolbe v. State, 480 So.2d 694 (Fla. 4th DCA 1985). See also Nelson v. State, 498 So.2d 553 (Fla. 4th DCA 1986); Finklea v. State, 471 So.2d 608 (Fla. 1st DCA 1985).

¶4The failure of the trial judge to have a new completed scoresheet before him at appellee’s probation revocation hearing was reversible error.

¶5REVERSED and REMANDED for re-sentencing.

DELL and WALDEN, JJ., concur.
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