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532 So. 2d 89

Docket No. 87-0971.

Dawson v. State

James Edward DAWSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 19, 1988.

District Court of Appeal of Florida · decided 1988-10-19

Cited by 12 later decisions — most recently August 1997

12 state decisions

Key passage — most relied on by later courts

“trial court must have the benefit of a properly prepared scoresheet before it can make a fully informed decision on whether to depart from the recommended guideline sentence.”

quoted by 2 later decisions, including Smith v. State, 697 So. 2d 161 - Rubin v. State

Relies on 493 So. 2d 82 - Davis v. State · 491 So. 2d 310 - Dawson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-10-19

View the full empirical analysis of this case →

¶1Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert S. Jaegers, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3*90 GUNTHER, Judge.

¶4Defendant appeals his resentencing conducted on remand pursuant to this court's opinion in Dawson v. State,491 So.2d 310 (Fla. 4th DCA 1986). At resentencing, an incorrectly calculated scoresheet led the trial judge to mistakenly believe that the defendant's guideline sentence range was life in prison. However, the correct guideline sentence range was actually 27-40 years in prison. Although the trial judge used an improperly prepared scoresheet, he sentenced the defendant to 35 years in prison which is still within the recommended guideline sentence.

¶5The trial court must have the benefit of a properly prepared scoresheet before it can make a fully informed decision on whether to depart from the recommended guideline sentence. Davis v. State,493 So.2d 82 (Fla. 1st DCA 1986). Since the trial judge might have imposed a different sentence had he had the benefit of a corrected scoresheet, defendant's sentence must be vacated. On remand, the trial judge may resentence defendant to 35 years in prison since such a sentence is within the recommended guideline range. Accordingly, we vacate the sentence and remand for resentencing under a corrected guideline scoresheet.

¶6VACATED AND REMANDED.

¶7HERSEY, C.J., and STONE, J., concur.

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