¶1The sentence imposed below is vacated and the cause remanded for resen-tencing on a properly calculated guidelines scoresheet. See Gordon v. State, 572 So.2d 33 (Fla. 4th DCA 1991); Dawson v. State, 532 So.2d 89 (Fla. 4th DCA 1988). Since the defendant was subject only to a mutual restraining order in his dissolution proceeding, points may not be included for “legal status” under section 3.701 d 6, Florida Rules of Criminal Procedure, see daggers v. State, 509 So.2d 1165 (Fla. 1st DCA 1987), aff'd, 526 So.2d 682 (Fla.1988); Mize v. State, 495 So.2d 845 (Fla. 3d DCA 1986). Moreover, only such prior convictions as are determined valid and appropriate by the trial court shall be scored. See Brantley v. State, 570 So.2d 364 (Fla. 3d DCA 1990), cause dismissed, 576 So.2d 285 (Fla.1990).
585 So. 2d 1130
Thompson v. State
District Court of Appeal of Florida
Decided September 17, 1991
District Court of Appeal of Florida · decided 1991-09-17
Cited by 2 later decisions — most recently December 1997
2 state decisions
Relies on 576 So. 2d 281 - State v. Williams · Dawson v. State · 495 So. 2d 845 - Mize v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1991-09-17
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